UC-.NFILF __ __ 

'"'    '"'  "  

8=      MSS     blfl 


L  B 

/S>06 


LAWS  OF  MINNESOTA 


RELATING  TO  THE 


Public  School  System 


INCLUDING  THE 


STATE  NORMAL  SCHOOLS 


AND  THE 


UNIVERSITY  OF  MINNESOTA 

PREPARED  UNDER   THE  DIRE'  Tin 

J    W.  OLSEN 

Superintendent  of  Public  Instruction 

I    \ 


1906 


ST.  PAUL 
Review  Publishing  Co 

1906 


V 


LAWS  OF  MINNESOTA 


It  ELATING  TO  THE 


Public  School  System 


INCLUDING  THE 


STATE  NORMAL  SCHOOLS 


c 


RK 


UNIVERSITY  OF  MINNESOTA 

PREPARED  UNDER  THE  DIRECTION  OF 

J   W.  OLSEN 

Superintendent  of  Public  Instruction 
1906 


ST.  PAUL 
Review  Publishing  £0 

1906 


J 


PREFACE 


This  is  an  edition  of  the  school  laws  as  found  in  the  new  Code  and  in  the 
session  laws  of  the  legislature  of  1905.  It  contains  all  the  provisions  under 
Chapter  14  of  the  Code,  relating  to  public  schools,  education,  and  educational 
institutions.  A  few  minor  provisions  of  school  law  of  the  new  Code  are 
not  included  under  Chapter  14;  hence  are  not  referred  to  in  this  compila- 
tion. These  are  of  relatively  less  importance,  and  may  easily  be  referred  to 
in  other  chapters  of  the  Code. 

The  numbering  of  sections  and  pages  is  the  same  as  in  the  complete  volume 
of  the  Code.  It  has  not  been  possible  to  include  opinions  of  the  attorneys 
general  nor  to  cite  judicial  cases. 

Only  enough  copies  can  be  printed  to  supply  a  limited  number  to  county 
superintendents,  and  state  educational  boards  and  institutions.  It  will  not, 
therefore,  be  possible  to  furnish  this  edition  for  general  distribution.  Copies 
may  be  had  of  the  printer,  however,  on  application. 


EXPLANATIONS 


The  numbers  in  parentheses  at  the  end  of  sections  of  the  text  refer  to  the  sections 
of  General  Statutes,  1894,  and  subsequent  session  laws.  These  references  merely  indi- 
cate the  sources  of  the  sections  to  which  they  are  appended. 

In  the  references  to  cases  the  —  sign  stands  for  the  Minnesota  Reports  and  the  + 
sign  for  the  Northwestern  Reporter.  In  references  to  the  first  twenty  volumes  of  the 
Minnesota  Reports  the  first  page  number  refers  to  the  official  edition  and  the  second 
to  the  Gilfillan  edition. 

The  references  in  bold-face  type  in  the  center  of  the  page  just  below  the  sections 
of  the  text  refer  to  session  laws  of  1905.  The  editor  of  the  Code  was  not  authorized 
to  incorporate  such  laws  in  the  text. 


380094 


t 


TABLE   OF   CONTENTS 


Page. 

District    Schools 263 

Conduct    of   Schools 272 

Teachers — Examinations  and  Certificates 273 

Superintendents     278 

High    School    Board 280 

School    Funds 281 

Penalties 282 

School    Taxes 283 

State    Aid 284 

School   Libraries  and  Text-Books 285 

Training  of  Teachers 285 

Compulsoy    Education 287 

Farmers    Institutes . . 288 

Actions  and  Judgments .  . , 289 

State  University 291 

Laws  of  1005 295 

Dictionary    Law 305 

Index    307 


GENERAL  LAWS  OF  1905 


RELATING  TO 


SCHOOLS  AND  EDUCATION 


EDUCATION 


DISTRICT  SCHOOLS 

1279.  Public  schools — Tuition  free — All  schools  supported  in  whole  or  in 
part  by  state  school  funds  shall  be  styled  public  schools,  and  admission  to 
and  tuition  therein  shall  be  free  to  all  persons  between  the  ages  of  five  and 
twenty-one  years,  in  the  district  in  which  such  pupil  resides:  Provided,  that 
the  school  board  of  any  district  may,  by  resolution,  exclude  all  children  under 
six  years  of  age.     (3648,  3697) 

Finding  as  to  residence  sustained  (91-268,  97+885). 

1280.  School  districts — For  school  purposes  the  stare  is^.diviaed  into  com- 
mon, special,  and  independent  school  districts,  each  of  which  shall  be  a  public 
corporation.     Common  school  districts  shall -be  numbered  ^consecutively  in 

each  county,  and  each  shall  be  known  as  school  district  No. of 

county.     A  district,  when   situate  in  two  or   more  counties, 

shall  be  known  as  joint  school  district  No of and 

counties.    Independent  school  districts  shall  be  known  by  the  names  or 

numbers  given  them  at  their  organization.     (3648) 

Corporations  only  for  specified  objects  (11-31,  12;  17-412,  391;  49-106,  51+814  K 

1281.  Formation  of  districts — A  majority  of  the  freeholders  qualified  to 
vote  for  school  officers  residing  upon  any  territory  not  less  than  four  sections 
in  extent,  and  in  which  reside  not  less  than  twelve  children  of  school  age, 
whether  or  not  such  territory  be  in  whole  or  in  part  included  in  any  existing 
common,  independent,  or  special  school  district,  may  petition  the  county 
board  of  the  proper  county  to  make  such  territory  a  school  district,  common 
or  independent.     (3659 ;  '03  cc.  220,  277) 

42-357,  44+120;  89-351,  94+886. 

1282.  Petition — The  petition  shall  contain: 

1.  A  correct  description  of  the  territory  to  be  included  in  such  proposed 
district. 

2.  The  number  of  persons  residing  therein. 

3.  The  names  and  ages  of  all  children  of  school  age  residing  therein,  and 
the  existing  district  in  which  each  such  child  lives. 

263 


§   1283  EDUCATION  [Cil.  14 

4.  The  districts  in  which  such  territory  lies,  and  the  number  of  such 
children  in  each  such  district. 

5.  The  reasons  for  the  formation  of  the  proposed  district. 

Such  petition  shall  be  acknowledged  by  the  petitioners,  and  submitted  for 
approval  to  the  county  superintendent,  and  by  him  approved  in  writing  before 
presentation  to  the  county  board.     (3667) 

1283.  Notice  of  hearing — Upon  the  presentation  of  such  petition,  the 
county  board  shall  appoint  a  time  and  place  for  hearing  thereon,  and  shall 
cause  two  weeks'  published  notice  thereof  to  be  given  in  the  county,  and  ten 
days'  posted  notice  in  each  district  affected.  Such  notice  shall  also  be  served 
on  the  clerk  of  each  district,  by  mail,  at  least  ten  days  before  the  time  set  for 
hearing,  and  the  auditor's  certificate  shall  be  proof  of  the  mailing.  (3668; 
'01  c.  20) 

1284.  Proceedings  on  hearing — At  the  hearing  the  board  shall  receive  any 
evidence  and  consider  any  arguments  for  and  against  such  proposed  organi- 
zation, and  shall  make  an  order  either  granting  or  denying  the  petition ;  and, 
if  the  petition  be  granted,  the  order  shall  particularly  describe  the  district,  state 
its  name  or  number,  shall  be  signed  by  the  chairman,  and  attested  and  filed 
with  the  auditor,  who  shall  mail  to  the  clerk  of  each  district  affected  a  copy 
thereof,  and  shall  cause  ten  days'  posted  notice  to  be  given  of  a  meeting  to 
organize  such  district.  The  board  may  adjourn  the  hearing  from  time  to 
time,  and,  upon  the  recommendation  or  with  the  written  approval  of  the 
county  superintendent,  enlarge  or  change  the  boundaries  proposed  in  the 
petition.     (3669 ;  '01  c.  125  s.  1) 

89-351,  94+886. 

1285.  Appeal  from  order — Any  person  aggrieved  may  appeal  from  such 
order  to  the  district  court  of  the  county  upon  the  following  grounds : 

1.  That  the  county  board  had  no  jurisdiction  to  act. 

2.  That  it  has  exceeded  its  jurisdiction. 

3.  That  its  action  is  against  the  best  interests  of  the  territory  affected. 
Such  appeal  shall  be  taken  by  serving  upon  the  county  auditor  within 

thirty  days  from  the  making  of  the  order  a  notice  of  appeal,  specifying  the 
grounds  thereof.  The  appellant  shall  also  execute  and  deliver  to  the  auditor 
a  bond  to  the  county  in  the  sum  of  one  hundred  dollars,  to  be  approved  by  the 
county  auditor,  conditioned  for  the  payment  of  all  costs  taxed  against  the 
appellant  on  such  appeal.  Such  further  proceedings  shall  be  had  upon  such 
appeal  as  upon  other  appeals  from  the  county  board.     (3669;  '01  c.  125  s.  1) 

84-417,  419,  87+1019. 

1286.  Change  of  boundaries  of  district — By  like  proceedings,  and  upon 
petition  of  a  majority  of  the  freeholders  of  each  district  affected,  qualified 
to  vote  at  school  meetings,  the  boundaries  of  any  existing  district  may  be 
changed,  or  two  or  more  districts  consolidated,  or  one  or  more  districts 
annexed  to  an  existing  district.  No  change  in  the  boundaries  of  a  district  by 
organization  of  a  new  district  or  otherwise  shall  be  made,  so  as  to  leave 
the  old  district  without  at  least  one  schoolhouse  used  for  school  purposes,  nor 
shall  any  change  of  districts  in  any  way  affect  the  liability  of  the  territory  so 
changed  upon  any  bond  or  other  obligation ;  but  any  such  real  estate  shall  be 
taxed  for  such  outstanding  liability  and  interest  as  if  no  change  had  been 
made.  In  case  of  the  consolidation  or  annexation  of  districts,  whether  under 
the  foregoing  or  any  other  provisions  of  law,  actions  shall  be  brought  by  or 
against  the  new  or  remaining  district  upon  any  cause  existing  in  favor  of  or 
against  any  discontinued  district,  "but  a  judgment  in  such  action  against  such 
existing  district  shall  be  satisfied  only  from  taxes  upon  the  real  property 
included  in  the  discontinued  district  when  the  liability  was  incurred.  (365*9, 
3672;  '95  c.  110)  1905  c.46 

40-13,  41+539. 

1287.  Districts  in  two  or  more  counties — Whenever  the  territory  affected 
by  any  of  the  foregoing  proceedings  lies  in  two  or  more  counties,  like 
proceedings  shall  be  had  in  each  county  affected,  and  no  order  in  such  pro- 

264 


Ch.  14]  EDUCATION  §   12^8 

ceedings  shall  be  valid  unless  concurred  in  by  the  county  boards  of  all  such 
counties.     (3670) 

1288.  Nominal  districts— Any  district  in  which  for  two  years  no  school 
has  been  held  may  be  dissolved  by  the  county  board,  and  its  territory  at- 
tached to  one  or  more  existing  districts,  upon  notice  as  m  other  cases  ot 
change  of  boundaries,  in  the  most  equitable  manner  possible,  and  with  regard 
to  the  convenience  of  the  inhabitants ;  and  any  funds  belonging  to  such  dis- 
solved district  after  the  payment  of  its  debts  shall  be  distributed  among  such 
districts  by  the  auditor  in  proportion  to  the  assessed  value  of  the  real  prop- 
erty so  attached  to  each.     (3675) 

1289.  Consolidation  and  annexation  of  districts  by  vote— Two  or  more' 
school  districts  of  any  kind  may  be  consolidated  either  by  the  formation  ot 
a  new  district,  or  by  annexation  of  one  or  more  districts  to  an  existing  dis- 
trict, as  hereinafter  provided.     ('03  c.  277  s.  1) 

1290.  Petition  and  proceedings  thereon— Upon  presentation  to  the  county 
superintendent  of  a  petition  signed  and  acknowledged  by  a  majority  ot  the 
resident  freeholders  of  each  district  affected,  qualified  to  vote  at  school  meet- 
ings praying  such  consolidation,  he  shall  within  ten  days  cause  ten  days 
posted  notice  to  be  given  in  each  district  affected,  of  an  election  or  a  special 
meeting  in  such  district,  at  a  time  and  place  specified  in  such  notice,  to  vote 
upon  the  question  of  consolidation.     ('03  c.  277  s.  2) 

1291.  Election  or  special  meeting— The  vote  at  such  election  or  meeting 
shall  be  by  ballot,  which  shall  read  "For  Consolidation,"  or  "Against  Con- 
solidation "  The  presiding  officer  at  such  meeting  or  election  shall,  within 
ten  days  thereafter,  certify  the  result  of  the  vote  to  the  superintendent  ot 
the  county  in  which  such  district  mainly  lies.     ('03  c.  277  s.  3) 

1292.  Order  of  consolidation— If  a  majority  of  votes  cast  in  each  district 
be  for  consolidation,  the  superintendent,  within  ten  days  thereafter,  shall 
make  proper  orders  to  give  effect  to  such  vote,  and  shall  thereafter  trans- 
mit a  copy  thereof  to  the  auditor  of  each  county  in  which  any  part  of  any  dis- 
trict affected  lies,  and  to  the  clerk  of  each  district  affected  within  his  juris- 
diction. If  the  order  be  for  the  formation  of  a  new  district,  it  shall  specify 
the  name  or  number  of  such  district,  and  the  superintendent  shall  cause  ten 
days'  posted  notice  to  be  given  of  a  meeting  to  elect  officers  therefor.  ('03  c. 
277  s.  4) 

1293.  Transfer  of  records,  etc. — In  case  of  annexation  to  an  existing  dis- 
trict, the  proper  officers  of  the  annexed  districts,  within  ten  days  from  the 
receipt  of  a  copy  of  such  order,  shall  turn  over  to  the  proper  officers  of  the 
remaining  district  all  records,  funds,  and  effects  of  such  annexed  districts. 
In  c^se  of  the  formation  of  a  new  district,  the  proper  officers  of  the  discon- 
tinued districts,  in  like  manner,  and  within  ten  days  after  the  organization  of 
the  new  district,  shall  turn  over  the  records,  funds,  and  effects  of  such  old 
districts  to  the  proper  officers  of  the  new  district.     ('03  c.  277  s.  5) 

1294.  Same— In  case  of  the  formation  of  a  new  district,  like  proceedings 
shall  be  had  within  ten  days  after  the  organization  of  such  district,  and  in 
all  cases  of  change  of  boundaries  or  consolidation  of  districts  the  title  to 
schoplhouses  and  sites  shall  vest  in  the  district  in  which  such  property  is 
included  after  such  change  or  consolidation;  and  in  case  of  consolidation 
the  officers  of  the  old  districts  shall  continue  to  exercise  their  duties  until 
the  officers  of  the  new  district  qualify. 

1295.  Change  of  common  or  special  to  independent  districts — Any  com- 
mon* or  special  district  may  be  changed  to  an  independent  district  as  herein- 
after provided;  but  no  independent  district,  unless  it  comprise  an  entire 
township  or  municipality,  shall  be  formed,  containing  less  than  five  hundred 
inhabitants.     ('95  c.  18;  '97  c.  300) 

1296.  Notice  of  meeting — To  effect  such  change,  ten  days'  posted  notice 
of  a  meeting  shall  be  given,  signed  by  six  or  more  resident  freeholders,  stat- 
ing the  object  of  the  meeting,  and  notifying  the  voters  of  said  district  to  as- 
semble upon  a  specified  day,  at  a  place  in  said  district  named  in  said  notice, 

265 


§   1297  EDUCATION  [Ch.  14 

then  and  there  to  vote  by  ballot  upon  the  question  of  organization  as  an 
independent  district.     (3792) 

1297.  Vote  upon  change — At  the  time  and  place  mentioned  in  said  notice, 
the  electors  assembled  shall  appoint  a  chairman,  assistant  chairman,  and 
clerk,  who  shall  be  the  judges  of  such  election.  The  voting  shall  be  by 
ballot,  and  those  favoring  such  change  shall  write  upon  their  ballots,  "Inde- 
pendent district — Yes,"  and  those  against,  "Independent  district — No." 
(3793) 

1298.  Meeting  to  elect  officers — If  a  majority  of  votes  cast  be  in  favor  of 
the  change,  the  clerk  shall  forthwith  give  notice  thereof  to  the  county  audi- 
tor, and,  within  twenty  days  thereafter,  shall  call  a  meeting  to  elect  officers, 
upon  ten  days'  posted  notice,  and  the  same  proceedings  shall  thereafter  be 
had  as  in  the  organization  of  other  independent  districts;  and  the  officers  of 
the  common  or  special  district  shall  act  as  officers  of  the  new  district  until 
the  qualification  of  officers  and  organization  of  the  new  board.     (3794) 

1299.  Dissolving  independent  districts — Any  independent  district  may 
change  its  organization  to  that  of  a  common  school  district  by  a  vote,  by 
ballot,  of  two-thirds  of  the  electors  voting  upon  the  question  at  any  annual 
or  special  meeting;  notice  having  been  given  that  such  question  would  be 
submitted  at  such  meeting.  In  case  of  such  affirmative  vote,  the  meeting 
shall  elect  the  proper  officers  in  the  same  manner  as  in  the  organization  of 
a  common  school  district,  and  the  chairman,  treasurer,  and  clerk  of  the  inde- 
pendent district  shall  be  the  chairman,  treasurer,  and  clerk,  respectively, 
and  shall  constitute  the  board  of  the  common  district  until  their  successors 
shall  qualify,  and  the  common  district  shall  in  all  things  be  the  successor  of 
the  independent  district.     (3812;  '97  c.  69) 

1300.  Rehearing  before  county  board — When  the  boundaries  of  any  dis- 
trict have  been  changed  by  order  of  the  county  board,  if  there  shall  be  filed 
with  the  auditor  a  petition  to  such  board  for  rehearing,  signed  by  not  less 
than  five  freeholders,  legal  voters  in  said  district,  the  auditor  shall  present 
the  same  to  the  board  at  its  next  meeting.  The  board  shall  thereupon  set 
a  time  and  place  for  rehearing,  and  shall  cause  notice  thereof  to  be  served  on 
the  clerks  of  the  districts  affected  by  such  change,  and  posted  as  in  case  of 
the  original  petition.  The  hearing  may  be  adjourned  from  time  to  time,  and 
the  board  shall  make  such  order  in  the  premises  as  it  shall  deem  just.    (3674) 

1301.  Setting  off  land  to  an  adjoining  district — When  any  freeholder  shail 
present  to  the  board  of  any  county  a  petition,  verified  by  him,  stating  that 
he  owns  land  in  such  county  adjoining  any  district  therein,  or  separated 
therefrom  by  not  more  than  one  quarter  section,  and  that  such  intervening 
land  is  vacant  and  unoccupied,  or  that  its  owner  is  unknown,  and  that  he 
desires  his  said  land,  together  with  such  intervening  land,  set  off  to  such 
adjoining  district,  and  his  reasons  for  asking  such  change,  the  board,  upon 
notice  and  hearing  as  in  other  cases,  and  upon  proof  of  the  allegations  of 
the  petition,  may  make  its  order  granting  the  same,  and  like  notice  of  such 
change  shall  be  given  as  in  other  cases.     (3674;  '01  c.  371  s.  2) 

1302.  Districts  to  be  composed  of  adjoining  territory — All  districts  shall 
be  composed  of  adjoining  territory,  and  any  part  of  a  district  not  so  situated, 
and  not  containing  a  schoolhouse  used  as  such,  shall  be  by  the  county  board, 
upon  notice  as  in  other  cases,  attached  to  a  proper  district.     ('99  c.  293) 

1303.  Plats  and  description  of  districts — The  county  auditor  shall  keep 
in  his  office  books  containing  a*  correct  plat  and  description  of  each  district 
organized,  whether  wholly  or  partly  in  his  county.     (3650)  , 

1304.  Presumption  of  legal  organization — Every  school  district  which 
for  one  year  shall  have  exercised  the  powers  and  franchises  of  a  district  shall 
be  deemed  legally  organized.     (3648) 

54-213,  55+1122;  65-406,  68+66. 

1305.  School  meetings — The  annual  meeting  of  all  common  and  inde- 
pendent districts  shall  be  held  on  the  third  Saturday  in  July,  at  7  o'clock 
p.  m.,  unless  a  different  hour  has  been  fixed  at  the  preceding  annual  meeting, 

266 


Oil.  14]  EDUCATION  §   1306 

upon  ten  days'  posted  notice  given  by  the  clerk,  and  specifying  the  matters 
to  come  before  such  meeting;  but  the  failure  of  the  clerk  to  give  such  notice, 
or  to  specify  the  business  to  be  transacted  thereat,  shall  not  affect  the  valid- 
ity of  any  business,  except  the  raising  of  money  to  build  or  purchase  a 
schoolhouse,  the  authorizing  of  an  issue  of  bonds,  the  fixing  of  a  schoolhouse 
site,  the  organization  as  an  independent  district,  or  the  change  from  an  inde- 
pendent to  a  common  district.  The  boards  of  education  or  trustees  in  special 
school  districts  may  fix  the  time  of  the  annual  meeting,  when  so  authorized 
by  vote  of  the  district:  Provided,  that  the  polls'  at  all  school  meetings  shall 
be  held  open  at  least  one  hour.     (3677,  3794;  '97  c.  305) 

1306.  Special  school  meetings — Upon  the  written  request  of  five  free- 
holders and  voters  of  a  district,  specifying  the  business  to  be  acted  upon, 
the  clerk  shall  call  a  special  meeting  of  such  district  upon  ten  days'  posted 
notice  and  one  week's  published  notice,  if  there  be  a  newspaper  printed  in 
such  district,  and  shall  specify  in  such  notice  the  business  named  in  such  re- 
quest, and  the  time  and  place  of  meeting.  If  there  be  no  clerk  in  the  dis- 
trict, or  if  he  fails  for  three  days  after  receiving  such  request  to  give  notice 
of  such  meeting,  it  may  be  called  by  like  notice  signed  by  five  ^freeholders  and 
voters  of  the  district.  No  business  except  that  named  in  the  notice  shall  be 
transacted  at  such  meeting.     (3704) 

45-88,  47+462. 

1307.  Records  to  be  evidence — The  records  of  all  school  districts  and 
boards,  and  all  transcripts  thereof,  or  of  any  part  thereof,  certified  by  the 
clerk  or  other  officer  having  custody  thereof,  shall  be  prima  facie  evidence 
of  the  facts  therein  stated,  and  all  records,  books,  and  papers  of  such  district 
or  board  shall  be  subject  to  the  inspection  of  any  voter  of  the  district.     (3803) 

12-17,  1;  17-412,  391. 

1308.  Powers  of  annual  meeting — The  annual  meeting  shall  have  power: 

1.  To  appoint  a  moderator,  and  a  clerk  pro  tern,  if  the  clerk  be  absent ; 
but  in  independent  districts  the  chairman  of  the  board  shall  preside,  instead 
of  a  moderator. 

2.  To  adjourn  from  time  to  time. 

3.  To  elect  by  ballot  officers  of  the  district. 

4.  To  designate  a  site  for  a  schoolhouse,  and  provide  for  building  or  other- 
wise placing  a  schoolhouse  thereon,  when  proper  notice  has  been  given ;  but 
a  site  on  which  a  schoolhouse  stands  or  is  begun  shall  not  be  changed,  ex- 
cept by  a  vote  therefor,  designating  the  new  site,  of  a  majority  of  the  legal 
voters  of  the  district  who  have  resided  therein  not  less  than  six  months  prior 
to  the  vote,  and  of  two-thirds  of  the  voters  voting  upon  the  question,  except 
that,  in  districts  having  but  one  schoolhouse,  if  such  schoolhouse  be  more 
than  one-half  mile  from  the  center  of  the  district,  such  site  may  be  changed 
to  a  more  central  location  by  a  majority  vote  of  those  present  and  voting  on 
the  question  of  change. 

5.  To  repeal  and  modify  their  proceedings  from  time  to  time,  in  accord- 
ance with  the  powers  herein  conferred.     (3677;  '03  c.  38) 

Subd.  3  (77-167,  79+668;  61-259,  63+638).  Subd.  4  (71-311,  73+956).  Subd.  5  (12- 
17,  1). 

1309.  Additional  powers  of  meetings  in  common  school  districts — In  ad- 
dition to  the  foregoing  powers,  any  common  school  district  at  its  annual 
meeting,  or  at  a  special  meeting  when  proper  notice  has  bee'n  given,  may 
vote  a  sufficient  fund  for  makitenance  of  its  schools  and  for  all  other  proper 
purposes,  appoint  a  librarian,  and  make  rules  for  the  use  and  management 
of  the  library,  and  direct  the  school  board  to  make  designated  improvements 
to  school  property,  and  to  provide  free  text-books  for  the  schools.     (3677) 

1310.  Election  of  officers  in  certain  districts — In  any  common  school  dis- 
trict containing  over  three  hundred  voters,  in  counties  having  a  population 
of  more  than  fifty  thousand  and  less  than  one  hundred  thousand,  the  school 
board  shall  divide  the  district  for  the  purpose  of  electing  officers,  voting  on 
the  issue  of  bonds,  or  other  matter  specifically  submitted  for  vote  by  ballot, 

267 


§  1311  EDUCATION  [Cb.  14 

into  precincts  for  each  three  hundred  voters,  or  major  fraction  thereof.  The 
voters  present  at  the  opening  of  the  polls  shall  choose  a  moderator  and  two 
clerks,  who  shall  forthwith  certify  the  result  of  the  vote  to  the  clerk  of  the 
district.  Such  vote  shall  be  canvassed  and  the  result  announced  at  the 
annual  meeting,  except  in  case  of  a  special  election,  when  the  same  shall  be 
canvassed  by  the  district  officers  as  soon  as  practicable  after  the  receipt  of 
the  returns.  Such  regular  elections  shall  be  held  on  the  Saturday  preceding 
the  annual  meeting,  and  at  the  same  hour  and  upon  the  same  notice,  and  no 
matter  except  the  election  of  officers  shall  be  voted  upon  at  such  meeting, 
unless  specified  in  the  notice.     ('03  c.  385) 

1311.  Districts  of  ten  or  more  townships — Trustees,  how  elected — In  all 
common  school  districts  embracing  ten  or  more  townships,  the  trustees  shall 
be  elected  biennially  at  the  general  state  election,  two  trustees  at  every  such 
election ;  the  term  of  office  of  one  to  commence  August  1  in  the  year  follow- 
ing his  election,  and  that  of  the  other  August  1  in  the  second  year  following 
his  election ;  the  time  of  the  commencement  of  the  term  of  each  to  be  indi- 
cated on  the  ballot.  The  vote  shall  be  returned  and  canvassed,  and  the 
persons  elected  notified,  in  the  same  manner  as  in  the  election  of  county 
officers.  But  a  separate  ballot  box  shall  be  used,  and  voters  need  not  regis- 
ter.    ('03  c.  38) 

1312.  School  board — The  care,  management,  and  control  of  common  and 
independent  districts  shall  be  vested  in  a  board  of  trustees,  to  be  known  as 
the  school  board,  whose  term  of  office  shall  be  three  years  and  until  their 
successors  qualify. 

1313.  School  board  of  common  school  districts — The  school  board  of  each 
common  school  district  shall  consist  of  a  chairman,  a  treasurer,  and  a  clerk. 
At  the  first  meeting  of  the  district,  the  chairman  shall  be  elected  to  hold 
until  August  1  following  the  next  annual  meeting,  the  treasurer  for  one  year 
from  such  date,  and  the  clerk  for  two  years.     (3678 ;  '03  c.  38) 

1314.  School  board  of  independent  districts — The  school  board  of  each 
independent  school  district'  shall  consist  of  six  directors.  At  the  first  meet- 
ing of  the  district,  six  directors  shall  be  elected,  two  to  hold  until  August  1 
following  the  next  annual  meeting,  and  two  to  hold  until  the  expiration  of 
one  year,  and  two  until  the  expiration  of  two  years,  from  said  August  1 ;  the 
time  which  each  director  shall  hold  being  designated  on  the  ballot.     (3794) 

1315.  Organization  of  school  boards  in  independent  districts — Within  ten 
days  after  the  election  of  the  first  school  board  in  independent  districts,  and 
annually  thereafter  on  the  first  Saturday  in  August,  or  as  soon  thereafter  as 
practicable,  the  board  shall  meet  and  organize  by  choosing  a  chairman,  a 
clerk,  and  treasurer,  who  shall  hold  their  offices  for  one  year,  and  until  their 
successors  are  elected  and  qualified.  They  may  also  elect  a  superintendent, 
who  shall  hold  office  during  the  pleasure  of  the  board.  He  shall  be  ex  officio 
a  member  of  the  board,  but  not  entitled  to  vote  therein.     (3796) 

1316.  Vacancies — A  vacancy  in  any  school  board  or  board  of  education 
elected  by  the  people  shall  be  filled  by  the  board  at  any  legal  meeting  thereof 
until  such  vacancy  can  be  filled  by  election  at  the  next  annual  meeting.  Such 
appointment  shall  be  evidenced  by  a  resolution  entered  in  the  minutes.  All 
elections  to  fill  vacancies  shall  be  for  the  unexpired  term.     ('99  c.  193) 

1317.  Special  election  to  fill  vacancy — If  the  board  shall  fail  for  ten  days 
to  fill  any  vacancy,  a  special  meeting  may  be  called  for  that  purpose  by  ten 
days'  posted  notice,  signed  by  three  qualified. voters,  freeholders  or  house- 
holders of  the  district,  and  setting  forth  the  object  of  the  meeting.  Officers 
elected  at  such  meeting  shall  hold  for  the  unexpired  term,  but  no  such 
meeting  shall  be  held  within  thirty  days  before  the  annual  election.     (3679) 

1318.  Acceptance  of  office — All  persons  elected  or  appointed  district  officers 
shall,  within  ten  days  after  notice  of  such  election  or  appointment,  file  with 
the  clerk  or  secretary  of  the  district  his  acceptance  of  the  office  and  his 
official  oath,  or  be  deemed  to  have  refused  to  serve,  but  such  filing  may  be 
made  at  any  time  before  action  to  fill  the  vacancy  has  been  taken.     (3680) 

83-194,  86+20. 

268 


Ch.  14]  EDUCATION  §  1319 

1319.  Quorum — A  majority  of  the  school  board  shall  constitute  a  quorum, 
but  no  contract  shall  be  made  or  authorized  except  at  a  meeting  of  the  board 
of  which  all  members  have  had  legal  notice.     (3681,  3798) 

35-163,  27+922;  37-96,  33+217. 

1320.  Powers  and  duties  of  school  board — The  school  board  shall  have  the 
general  charge  of  the  business  of  the  district,  and  of  the  schoolhouses  and 
the  interests  of  the  schools  thereof,  and  shall : 

1.  When  authorized  by  the  voters  at  a  regular  meeting,  or  a  special  meeting 
called  for  that  purpose,  may  acquire  necessary  sites  for  schoolhouses  by  lease, 
purchase  or  condemnation  under  the  right  of  eminent  domain ;  erect,  lease  or 
purchase  necessary  schoolhouses  or  additions  thereto ;  and  sell  or  exchange 
such  schoolhouses  or  sites,  and  execute  deeds  of  conveyance  thereof.  In  any 
city  or  village  such  site,  when  practicable,  shall  contain  at  least  one  block, 
and,  if  outside  of  any  city  or  village,  two  acres ;  and,  when  any  schoolhouse 
site  shall  contain  less  than  such  amount,  the  board  shall,  if  practicable,  acquire 
other  land  adjacent  to  or  near  such  site  to  make,  with  such  site,  such  amount. 

2.  Purchase,  sell,  and  exchange  school  apparatus,  furniture,  stoves,  and 
other  appendages  for  schoolhouses. 

3.  Provide  proper  outhouses  for  the  schools,  plant  shade  trees  and  shrub- 
bery, and  otherwise  improve  school  sites,  procure  insurance  on  school  prop- 
erty, and  make  proper  ordinary  repairs  thereon. 

4.  When  necessary,  lease  rooms  for  school  purposes. 

5.  Employ  and  contract  with  necessary,  qualified  teachers,  and  discharge 
the  same  for  cause. 

6.  Provide  for  the  heating  and  care  of  schoolhouses  and  rooms. 

7.  Provide  for  the  payment  of  all  just  claims  against  the  district  in  cases 
provided  by  law. 

8.  When  directed  by  a  vote  of  the  district,  or  when  the  board  deems  it 
advisable,  adopt,  contract  for,  and  purchase  text-books  needful  for  the  schools 
of  the  district,  and  provide  for  the  free  use  of  such  books  by  the  pupils  of 
such  schools,  or  their  sale  to  them  at  cost ;  but  no  such  adoption  or  contract 
shall  be  for  less  than  three  or  more  than  five  years,  during  which  time  such 
books  adopted  shall  not  be  changed. 

9.  Defray  the  necessary  expenses  of  the  board,  including  three  dollars  per- 
day  for  attending  one  meeting  of  the  school  boards  of  the  county  in  each  vear, 
when  called  by  the  county  superintendent,  and  five  cents  per  mile  in  going  to 
and  returning  from  such  meeting,  and  pay  for  such  record  books,  stationery, 
and  other  incidental  matters  as  may  be  proper. 

10.  Superintend  and  manage  the  schools  of  the  district,  adopt,  modify,  or 
repeal  rules  for  their  organization,  government,  and  instruction,  and  for  the 
keeping  of  registers,  prescribe  text-books  and  courses  of  study,  and  visit  each 
school  at  least  once  in  three  months. 

11.  In  all  proper  cases,  prosecute  and  defend  actions  by  or  against  the 
district.     (3808,  3817,  3897,  3900 ;  '97  c.  205) 

See  1905  c.  268 
Subd.    1    (54-385,    55+1112;    83-111,    85+932;    93-409,    101+952).     Subd.    4    (7-203,    145). 
Subd.    5  (93-411,    101+619).     Subd.    11  (91-41,    97+416).     Presumption    that    board    acts 
within  its  authority  (83-111,  85+932;  91-41,  97+416;  93-409,  101+952). 

1321.  Same — The  school  board  may  also: 

1.  Provide  for  the  admission  to  the  schools  of  the  district  of  non-resident 
pupils  and  those  above  school  age,  and  fix  the  rates  of  tuition  for  such 
pupils. 

/   2.  Establish  and  organize,  alter  and  discontinue,  such  grades  of  schools  as 

( they  may  deem  expedient. 

v  3.  Upon  a  petition  of  a  majority  of  legal  voters  authorize  the  use  of  any 
schoolhouse  in  the  district  for  divine  worship,  Sunday  schools,  public  meet- 
ings, elections,  and  such  other  similar  purposes  as,  in  their  judgment,  will 
not  interfere  with  its  use  for  school  purposes ;  but,  before  permitting  such 
use,  the  board  may  require  the  bond  of  some  responsible  party,  in  the  penal 
sum  of  one  hundred  dollars,  conditioned  for  the  proper  use  of  such  school- 

269 


§   1322  EDUCATION  [Cb.  14 

house,  the  payment  of  all  rent,  and  the  repair  of  all  damage  occasioned  by 
such  use,  and  they  shall  charge  and  collect  for  the  use  of  the  district  from 
the  persons  using  such  schoolhouse  such  reasonable  compensation  as  they 
may  fix. 

4.  Provide  for  the  free  transportation  to  and  from  school,  at  the  expense  of 
the  district,  of  pupils  residing  more  than  one-half  mile  from  the  schoolhouse, 
for  the  whole  or  such  part  of  the  school  year  as  they  may  deem  expedient, 
and  subject  to  such  rules  and  regulations  as  they  may  adopt;  and  they  shall 
require  from  every  person  employed  for  that  purpose  a  reasonable  bond  for 
the  faithful  discharge  of  his  duties,  as  prescribed  by  the  board. 

5.  Make  rules  and  regulations  respecting  the  protection  of  the  property  of 
the  district,  and  prescribe  penalties  for  a  breach  thereof,  to  be  recovered  for 
the  use  of  the  district  as  penalties  in  other  cases  before  a  justice  of  the  peace, 
and  change  or  repeal  such  rules.  (3682-3684,  3697,  3698,  3808;  '97  c.  205; 
'01  c.  262  s.  6) 

1322.  Instruction  of  pupils  in  adjoining  district — The  school  board  of 
any  district,  if  it  deem  it  advisable,  may  provide  for  the  instruction  of  its 
pupils  in  an  adjoining  district  or  districts,  and  in  such  case  shall  discontinue 
the  schools  of  the  district  and  provide  for  free  transportation  of  the  pupils 
of  its  district,  shall  furnish  the  teachers  of  the  adjoining  districts  registers, 
and  such  teachers  shall  keep  such  registers  separately  for  the  pupils  from 
such  district  discontinuing  its  schools,  and  shall  return  such  registers  and 
make  reports  to  the  clerk  of  such  district  and  to  the  superintendent  as  if 
employed  as  teachers  therein,  and  such  district  shall  retain  its  organization 
and  be  entitled  to  public  money  as  if  school  were  continued  therein.    ('03  c.  61) 

1323.  Additional  powers  of  boards  in  independent  districts — The  school 
board  of  any  independent  district  may  also: 

1.  Establish  and  maintain  public  evening  schools  as  a  branch  of  the  public 
schools,  and  such  evening  schools,  when  so  maintained,  shall  afford  a 
continuous  session  of  not  less  than  two  hours  on  each  school  day,  shall  be 
available  to  all  persons  over  ten  years  of  age  who  from  any  cause  are  unable 
to  attend  the  public  day  schools,  and  attendance  at  such  evening  schools  shall 
entitle  such  district  maintaining  the  same  to  its  pro  rata  apportionment  of  state 
school  funds  for  all  pupils  not  over  twenty-one  years  of  age,  the  same  as  if 
such  pupils  attended  the  clay  schools  of  such  district.  Except  as  herein 
provided,  such  evening  schools  shall  be  under  the  same  regulations  as  day 
schools  of  like  grade. 

2.  Establish  and  maintain  one  or  more  kindergartens  for  the  instruction 
of  children  above  four  and  under  six  years  of  age. 

3.  Receive,  for  the  benefit  of  the  district,  bequests,  donations,  or  gifts  for 
any  proper  purpose,  and'  apply  the  same  to  the  purpose  designated. 

4.  Remove  for  proper  cause  any  member  or  officer  of  the  board,  and  fill 
the  vacancy ;  but  such  removal  must  be  by  a  concurrent  vote  of  at  least  four 
members,  at  a  meeting  of  whose  time,  place,  and  object  he  has  been  duly 
notified,  with  the  reasons  of  such  proposed  removal,  and  after  an  opportunity 
to  be  heard  in  his  own  defence.     (3796 ;  '01  c.  136) 

1324.  Special  duties  of  boards  in  common  school  districts — The  school 
board  of  every  common  school  district  shall  submit  to  the  annual  school 
meeting  an  estimate  of  the  expenses  of  the  district  for  the  coming  year  for 
a  five-months  school,  and  for  such  further  time  as  it  may  be  decided  by  the 
meeting  to  hold  school,  and  for  such  other  specified  purposes  as  the  board 
may  deem  proper,  and,  if  such  meeting  shall  fail  to  vote  a  sufficient  tax  to 
maintain  a  school  for  such  time,  the  board  shall  levy  such  tax;  but  no  such 
school  board  shall  expend  any  money  or  incur  any  liability  for  any  purpose 
beyond  the  sum  appropriated  by  vote  of  the  district  for  such'  purpose,  or 
levied  by  the  board  pursuant  to  this  section,  or  on  hand  and  applicable  thereto. 
When  the  district  has  decided  by  vote  at  any  legal  meeting  to  open  more  than 
one  school,  the  board  shall  provide  for  opening  such  school  or  schools,  and 
assign  to  each  a  proper  number  of  pupils.     (3686,  3687) 

31-227,  17+373;  87-234,  236,  91+842. 

270 


Ch.  14]  EDUCATION  §   1325 

1325.  Special  duties  of  boards  in  independent  districts — In  addition  to 
the  duties  hereinbefore  imposed,  the  school  board  of  each  independent  school 
district  shall : 

1.  Make,  and,  when  deemed  advisable,  change  or  repeal,  rules  relating  to 
the  organization  and  management  of  such  board  and  the  duties  of  its  officers. 

2.  Provide  by  levy  of  tax  necessary  funds  for  the  conduct  of  schools,  the 
payment  of  indebtedness,  and  all  proper  expenses  of  the  district.     (3808) 

71-283,  291,  73+970;  87-234,  91+842. 

1326.  Duties  of  clerk — The  clerk  shall  keep  in  books  provided  for  that 
purpose  a  record  of  all  meetings  of  the  district  and  the  board.  He  shall, 
within  three  days  after  the  meeting,  notify  all  persons  elected  upon  any  school 
board  or  as  officers  of  any  district  of  their  election,  and,  on  or  before  August 
10  in  each  year,  make  and  transmit  to  the  county  superintendent  a  certified 
report,  showing: 

1.  The  condition  and  value  of  school  property. 

2.  The  receipts  and  disbursements  in  detail,  and  such  other  financial 
matters  as  may  be  called  for  by  the  state  superintendent. 

3.  The  annual  arrangement  of  terms  of  school,  and  the  grading,  if  any, 
thereof. 

4.  The  names  and  postoffice  addresses  of  all  trustees  and  other  officers. 

5.  Such  other  items  of  information  as  may  be  called  for  by  the  state  super- 
intendent. 

He  shall  enter  in  his  record  book  copies  of  all  his  reports  and  of  the  teachers' 
term  reports,  as  they  appear  in  the  registers,  and  of  the  proceedings  of  any 
meeting  as  furnished  him  by  the  clerk  pro  tern.,  and  shall  keep  an  itemized 
account  of  all  the  expenses  of  the  district ;  and  in  common  districts  he  shall 
report  to  the  county  superintendent  the  time  of  commencement  of  each  term 
at  least  two  weeks  in  advance.  He  shall  furnish  t©  the  county  auditor  or 
auditors  of  the  proper  county  or  counties,  on  or  before  October  10  of  each 
year,  an  attested  copy  of  his  record,  showing  the  amount  of  money  voted  by 
the  district  or  the  board  for  school  purposes ;  shall  draw  and  sign  all  orders 
upon  the  treasurer  for  the  payment  of  money  for  bills  allowed  by  the  board 
for  salaries  of  officers  or  for  teachers'  wages,  to  be  countersigned  by  the  chair- 
man. Such  orders  shall  state  the  consideration,  payee,  and  fund,  and  the  clerk, 
shall  take  a  receipt  therefor.  Teachers'  wages  shall  have  preference  in  the 
order  in  which  they  become  due,  and  no  money  applicable  for  teachers'  wages 
from  the  current  school  fund  shall  be  used  for  any  other  purpose,  nor  shall 
teachers'  wages  be  paid  from  anv  fund  except  that  raised  or  apportioned  for 
that  purpose.     (3678,  3703,  3713,  3802 ;  '01  c.  350) 

To  certify  tax  levy  to  auditor  (75-456,  471,  78+115).  To  draw  orders  on  treasurer 
(31-333,  17+866). 

1327.  Duties  of  treasurer — The  treasurer  shall  receive  and  be  responsible 
for  all  moneys  of  the  district,  and  shall  disburse  the  same  on  orders  signed 
by  the  clerk  and  countersigned  by  the  chairman,  or  other  vouchers  authorized 
by  law.  Each  order  shall  state  the  fund  on  which  it  is  drawn,  the  name  of 
the  payee,  and  the  nature  of  the  claim  for  which  such  order  is  issued.  He 
shall  keep  an  account  of  each  fund,  and  of  all  receipts  and  disbursements, 
showing  the  source,  of  such  receipts,  and  the  nature  and  purpose  of  such 
disbursements,  and,  within  three  days  preceding  the  annual  meeting,  shall  file 
with  the  clerk  a  detailed  financial  statement  of  the  district,  showing  all 
receipts  and  disbursements,  and  the  nature  of  the  same,  the  moneys  on  hand, 
and  the  purpose  to  which  the  same  are  applicable,  the  credits  of  the  district, 
and  its  outstanding  liabilities,  and  the  nature  thereof.  Siich  report,  together 
with  his  vouchers,  shall  be  examined  by  the  board,  and,  if  found  correct, 
approved  by  resolution  entered  in  the  records.  If  incomplete  or  inaccurate, 
a  further  or  amended  report  may  be  required  by  the  board.  Such  report, 
when  complete,  shall  be  laid  before  the  annual  meeting,  to  be  in  like  manner 
approved.  He  shall  make  such  further  reports  as  may  from  time  to  time  be 
called  for  by  the  board,  and  shall  perform  all  duties  usually  incumbent'  on 
such  officer.     (3701,  3702) 

271 


§  1328  EDUCATION        '  [Ch.  14 

1328.  Treasurers'  bonds — Every  school  district  treasurer  shall  give  bond 
to  the  state  in  a  sum  equal  to  twice  the  amount  of  money  that  will  probably 
come  into  his  hands  during  his  term,  to  be  approved  by  the  board  and  filed 
with  the  clerk,  conditioned  for  the  faithful  discharge  of  his  official  duties. 
The  chairman  and  clerk  may  at  any  time  require  such  treasurer  to  give  a 
new  bond,  and,  upon  his  failure  to  give  bond  as  required  by  this  section,  they 
may  declare  the  office  vacant,  and  appoint  a  successor.     (3700) 

44-427,  46+914;  72-37,  74+1024;  86-188,  192,  90+371. 

1329.  Penalty  for  failure  to  pay  teachers'  wages — Any  treasurer  who 
uses  money  applicable  for  teachers'  wages  for  any  other  purpose  shall  be 
personally  liable  to  any  teacher  who  becomes  entitled  to  any  part  of  such 
funds  for  such  amount,  to  be  recovered  in  a  civil  action  against  such  treasurer 
and  the  sureties  on  his  official  bond.     (3713) 

1330.  Duties  of  chairman — The  chairman,  when  present,  shall  preside  at 
all  meetings  of  the  board  and  of  the  district,  except  when  a  moderator  has 
been  chosen ;  shall  countersign  all  orders  upon  the  treasurer  for  claims  allowed 
by  the  board;  shall  represent  the  district  in  all  actions;  and  shall  perform  all 
the  duties  usually  incumbent  on  such  officer.     (3699,  3702,  3804) 

1331.  Duties  of  superintendent — The  superintendent  in  independent  or 
special  districts  shall  visit  the  schools  of  the  district,  and  exercise  a  general 
supervision  over  them,  and  report  their  condition  to  the  board,  with  proper 
recommendations,  when  he  deems  it  advisable,  or  when  requested  by  the 
board.  He  shall  superintend  the  grading  of  the  schools  and  examinations  for 
promotion,  and  shall  perform  such  other  duties  as  the  board  shall  prescribe. 
He  shall  make,  either  directly  to  the  state  superintendent,  or  through  the 
county  superintendent,  such  reports  as  shall  be  required.'     (3800) 

1332.  Compensation  of  officers — Clerks  of  common  districts — The  clerk 
of  each  common  district  shall  be  paid  at  the  rate  of  two  per  cent,  of  the  cash 
disbursements  for  the  year,  upon  making  his  annual  report  to  the  superin- 
tendent as  required  by  law  accurately  and  in  proper  time;  but  such  com- 
pensation shall  not  exceed  six  dollars  in  any  one  year,  unless  a  greater  com- 
pensation has  been  voted  at  a  meeting  of  the  district  upon  a  notice  stating 
that  action  would  be  had  at  such  meeting  respecting  such  increase  of  com- 
pensation. Such  payment  shall  be  made  by  the  treasurer  upon  a  certificate 
of  the  superintendent  that  such  clerk  is  entitled  thereto.     (3707) 

1333.  Compensation  of  treasurer — The  treasurer  of  such  district  may  re- 
ceive as  compensation  such  an  amount  as  may  be  determined  at  the  regular 
school  meeting  of,  the  district  not  exceeding  two  per  cent,  of  amounts  dis- 
bursed by  him  during  the  year  and  to  be  allowed  only  after  his  annual  re- 
port shall  have  been  approved  by  the  board.     (3701 ;  '97  c.  198) 

1334.  Same — Independent  districts — Other  pay  prohibited — The  clerk, 
treasurer,  and  superintendent  of  independent  districts  shall  receive  such 
compensation  as  may  be  fixed  by  the  board.  No  officer  or  member 'of  any 
school  board  shall  receive  pay  as  such,  except  as  provided  in  this  chapter. 
(3796,  3797) 

1335.  Opinion  of  attorney  general — If  any  difference  of  opinion  arises  be- 
tween school  officers,  or  any  doubt  as  to  the  proper  construction  of  any  part 
of  this  chapter,  or  as  to  their  powers  or  duties,  the  state  superintendent,  at 
the  request  of  any  such  officer,  shall  submit  such  question  to  the  attorney 
general,  who  shall  give  his  written  opinion  thereon  to  such  superintendent, 
and  such  opinion  shall  be  binding  until  annulled  or  overruled  by  a  court. 
(3714) 

CONDUCT  OF  SCHOOLS 

1336.  General  control  of  schools — The  teacher  shall  have  the  general  con- 
trol and  government  of  the  school.  When  more  than  one  teacher  is  em- 
ployed in  any  district,  one  of  the  teachers  may  be  designated  by  the  board 
as  principal,  and  shall  have  the  general  control  and  supervision  of  the  schools 

272 


€h.  14]  '  EDUCATION  §  1337 

of  the  district,  subject  to  the  general  supervisory  control  of  the  board  and 
other  officers. 

1337.  Length  of  school — The  schools  shall  be  maintained  not  less  than  five 
nor  more  than  ten  months,  but  this  provision  shall  not  apply  to  night  schools 
or  kindergartens.  The  school  month  shall  consist  of  four  weeks.  Every 
Saturday  shall  be  a  school  holiday,  and  all  legal  holidays  shall  be  counted 
as  a  part  of  the  school  week.     (3695 ;  '01  c.  218) 

1338.  Instruction  in  public  schools — The  books  used  and  the  instruction 
given  in  public  schools  shall  be  in  the  English  language,  but  any  other  lan- 
guage may  be  used  by  teachers  in  explaining  to  pupils  who  understand  such 
language  the  meaning  of  English  words;  and  in  high  and  graded  schools 
other  languages  may  be  taught,  when  made  part  of  a  regular  or  optional 
course  of  study.  Instruction  may  also  be  given  in  such  languages  in  com- 
mon schools,  not  to  exceed  one  hour  in  each  day,  by  unanimous  vote  of  the 
trustees.     (3697) 

1339.  Classes  of  schools — District  schools  are  divided  into  four  classes,  as 
follows:  (1)  High  schools;  (2)  graded  schools;  (3)  semi-graded  schools; 
and  (4)  common  schools. 

1340.  High  schools — The  following  are  the  requisites  of  a  high  school: 

1.  It  shall  be  in  session  not  less  than  nine  months  in  the  year. 

2.  It  shall  admit,  free  of  tuition  charge,  students  of  either  sex  resident  in 
the  state,  but  those  only  who  shall  pass  a  proper  examination  in  arithmetic, 
spelling,  English  grammar,  reading,  writing,  geography,  and  United  States 
history. 

3.  It  shall  have  regular  and  orderly  courses  of  study,  embracing  all  the 
branches  prescribed  by  the  state  high  school  board,  and  requisite  for  admis- 
sion to  the  collegiate  department  of  the  state  university,  and  an  optional 
Knglish  or  business  course  in  addition  thereto  or  in  lieu  thereof. 

4.  It  shall  be  subject  to  such  rules  and  regulations,  consistent  with  the 
provisions  of  law,  as  may  be  prescribed  by  the  state  high  school  board,  and 
shall  be  open  to  visitation  at  all  times  by  any  members  of  such  board,  and 
by  any  inspector  thereof.     ('99  c.  352  ss.  3-5) 

1341.  Graded  schools — Graded  schools  include  all  schools  below  high 
schools  which — 

1.  Are  in  session  at  least  nine  months  in  the  year; 

2.  Are  well  organized,  having  at  least  four  departments  in  charge  of  a 
principal  holding  a  state  professional  certificate,  or  a  graduate  from  the  ad- 
vanced course  of  a  state  normal  school  or  of  a  reputable  college  or  uni- 
versity ; 

3.  Have  a  suitable  schoolhouse  and  other  necessary  buildings,  a  substan- 
tial library,  and  necessary  apparatus  for  efficient  work ;  and 

4.  Have  regular  and  orderly  courses  of  study,  embracing  all  such  branches 
as  may  be  prescribed  by  the  high  school  board.     ('99  c.  352  ss.  11,  12) 

1342.  Semi-graded  schools — Common  schools — A  semi-graded  school  is 
one  not  complying  with  the  foregoing  provisions,  but  which — 

1.  Maintains  a  school  for  at  least  eight  months  in  a  year; 

2.  Is  well  organized,  with  at  least  two  departments  in  the  charge  of  pro- 
ficient teachers,  one  at  least  of  whom  holds  not  less  than  a  first-grade  cer- 
tificate ; 

3.  Has  a  suitable  school  building,  outhouses,  or  other  necessary  accom- 
modations, and  a  library  and  apparatus  necessary  for  doing  efficient  work; 
and 

4.  Has  a  regular  and  orderly  course  of  study,  and  shall  comply  with  the 
rules  established  by  the  state  superintendent. 

All  other  district  schools  are  common  schools.  ('99  c.  352  ss.  16,  17;  '01 
c.  138) 

TEACHERS— EXAMINATIONS  AND   CERTIFICATES 

1343.  Qualified  teachers — A  qualified  teacher  is  one  holding  a  certificate 
or  license  to  teach,  as  hereinafter  provided,  in  the  school  or  grade  for  which 

—18  273 


§  1344  EDUCATION  '  [Cb.  14 

he  is  employed.     Contracts   for   teaching  can  only  be  made  with   qualified 
teachers.     Contracts  made   with   persons  before  obtaining  such   certificates 
or  licenses  shall  only  be  valid  from  the  time  of  obtaining  the  proper  certifi- 
cate or  license.     (3748)  See  1905  c.  137 
12-448,  337;  27-433,  8+146;  90-111,  95+881. 

1344.  Hiring  of  teachers — School  boards  shall  hire  teachers  at  meetings 
called  for  that  purpose.  No  teacher  related  by  blood  or  marriage  to  a  trus- 
tee shall  be  employed,  except  by  a  unanimous  vote  of  the  full  board.  The 
employment  shall  be  by  written  contract,  signed  by  the  teacher,  and,  in 
common  districts,  by  at  least  two  of  the  trustees ;  in  special  and  independent 
districts,  by  the  chairman  and  clerk.  Such  contract  shall  specify  the  time 
of  employment,  and  the  wages  per  month.     (3694) 

39-499,  41+103;  77-469,  80+354;  93-411,  101+619. 

1345.  Keeping  of  registers — Every  teacher  shall  keep  a  register,  furnished 
by  the  clerk,  showing  the  daily  attendance  of  each  pupil,  and  such  other 
matters  as  may  be  required  in  such  register.  He  shall  also  keep  such  record 
of  deportment  and  scholarship  as  may  be  required  by  the  board.  The  regis- 
ter shall  show  the  names  and  ages  of  all  pupils,  the  names  and  number  of 
days'  attendance  of  .all  pupils  between  the  ages  of  five  and  eight  years,  between 
eight  and  fifteen  years,  and  between  fifteen  and  twenty-one  years,  and  the 
names  of  all  paying  tuition.  In  common  districts  the  teacher  shall  return 
such  register  properly  kept  to  the  clerk  within  ten  days  after  the  close  of  the 
first  term  of  the  school  year.     (3694,  3759) 

1346.  Teachers'  reports — Such  teacher  shall,  within  the  same  time,  make 
his  report  to  the  county  superintendent  upon  blanks  furnished  by  the  super- 
intendent through  the  clerk,  giving  the  names  in  full  of  all  pupils  enrolled, 
with  the  number  of  days'  attendance  of  each,  checking  with  a  cross  (X)  the 
names  of  all  under  six,  over  twenty-one,  or  paying  tuition,  and  the  names 
so  checked  shall  not  be  counted  for  apportionment.  Within  like  time  after 
the  close  of  each  succeeding  term,  he  shall  make  a  further  report,  showing  in 
like  manner  all  additional  enrolments  during  such  term,  the  number  of  days 
that  each  pupil  has  attended  in  such  term,  and  such  other  matters  as  may  be 
called  for  in  the  blanks.  The  superintendent  shall  receipt  for  such  reports. 
No  order  shall  be  issued  for  the  payment  of  the  wages  of  any  teacher  white 
he  is  in  default  in  making  such  reports  or  in  returning  his  register.  In  joint 
districts  a  report  shall  be  made  to  the  superintendent  of  each  county,  show- 
ing the  county  in  which  each  pupil  resides.  The  teachers  and  principals 
in  other  districts  shall  make  such  reports  as  may  be  required  by  law  or  the 
rules  of  the  board,  under  like  penalty.     (3759) 

1347.  Instruction  in  morals,  etc. — The  teachers  in  all  public  schools  shall 
give  instruction  in  morals,  in  physiology  and  hygiene,  and  in  the  effects  of 
narcotics  and  stimulants.     (3889-3896) 

1348.  Teachers'  examinations — The  county  superintendent  shall  hold  at 
least  two  examinations  a  year  in  convenient  places  in  his  county,  upon  such 
notice  as  may  be  prescribed  by  the  state  superintendent.  The  time  of  such 
examinations  shall  be  fixed  by  the  state  superintendent,  and  shall  be  uni- 
form throughout  the  state,  and  shall  determine  the  educational  qualification 
of  applicants  for  teachers'  certificates.  The  school  board  of  any  district  in 
which  any  such  examination  is  appointed  shall  allow  the  free  use  of  any 
schoolhouse  or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of  selection 
from  the  county  superintendent.     ('99  c.  101  s.  5) 

1349.  Conduct  of  examinations — Such  examinations  shall  be  public,  and 
shall  be  conducted  by  the  county  superintendent,  or  by  persons  appointed  by 
him,  strictly  according  to  the  regulations  prescribed  by  the  state  superin- 
tendent. An  affidavit  may  be  required  of  persons  conducting  such  examina- 
tions that  they  have  been  conducted  fairly  and  according  to  such  regula- 
tions. Teachers  taking  part  therein  may  dismiss  their  schools  for  not  to 
exceed  two  days  in  each  year  without  loss  of  time.     ('99  c.  101  s.  5) 

274 


Cll.  14]  '         EDUCATION  §    1350 

1350.  Branches  of  examination — All  applicants  for  certificates  shall  be 
examined  in  the  following  branches:  Reading,  spelling,  writing,  arithmetic, 
grammar,  United  States  history,  composition,  geography,  physiology,  civil 
government,  and  practical  hygiene.  Applicants  for  a  first  grade  certificate 
shall  also  be  examined  in  elementary  algebra,  plane  geometry,  physical 
geography,  and  physics ;  but  the  state  superintendent  may,  in  his  regulations, 
designate  other  branches  that  may  be  taken  in  lieu  of  physical  geography, 
physics,  and  plane  geometry,  at  the  option  of  the  applicant.  Applicants  for 
any  grade  may,  at  their  option,  be  examined  in  music,  drawing,  and  such 
languages  as  may  be  prescribed  by  the  state  superintendent.  Applicants  for 
special  certificates  shall  be  examined  in  all  the  branches  required  for  second 
grade  certificates,  and  in  such  other  branches  as  they  wish  to  be  specially 
authorized  to  teach.     ('99  c.  101  s.  6 ;  '01  c.  160  s.  2) 

1351.  Marking  on  examination — The  written  answers  for  the  scholastic 
sxamination  shall  be  read  and  marked  under  the  direction  of  the  state 
superintendent.  Markings  for  the  professional  requirements  shall  be  given 
by  the  county  superintendent,  who  shall  also  be  the  judge  of  skill  in  teach- 
ing and  moral  character  of  applicants.     ('99  c.  101  s.  1) 

1352.  High  and  normal  school  certificates  may  be  accepted,  when — Certif- 
icates from  state  high  or  normal  schools,  showing  a  standing  of  not  less 
than  seventy-five  per  cent.,  may  be  received  by  the  state  superintendent, 
under  such  conditions  as  he  may  prescribe,  in  place  of  such  examination. 
('99  c.  101  s.  6;  '01  c.  160  s.  2) 

1353.  State  examinations — State  examinations  for  professional  certificates 
shall  be  held  by  the  state  superintendent,  or  by  a  committee  of  three  compe- 
tent teachers  appointed  by  him,  at  such  times  and  places  as  he  may  direct. 
(3749 ;  '01  c.  367  s.  1) 

1354.  Same — Such  examinations  shall  include,  in  addition  to  the  branches 
required  for  a  first  grade  certificate,  the  following: 

1.  Educational  science,  including   (1)   history,  of   education,    (2)    psychol- 
ogy, (i3)  general  pedagogy,  and  (4)  school  organization  and  law. 
,  2.  Mathematics,  including  (1)  higher  algebra,  (2)  solid  geometry,  and  (3) 
trigonometry,  plane  and  spherical. 

3.  English,  including  (lX_English  and  (2)  American  literature,  and  (3) 
rhetoric.  *  * 

rH  History,  (1)  ancient  (to  A.  D.  800),   (2)   mediaeval,   (3)   English,  and 
(4)  American: 

5.  Science,  including  botany,  chemistry,  physics,  geology,  and  physiog- 
raphy, astronomy,  zoology,  and  political  science.  ('99  c.  101  s.  6 ;  '01  c. 
160  s.  2) 

1355.  Certificate  and  diploma  in  place  of  examination — A  first  grade  state 
certificate,  and  a  diploma  from  the  academic  department  of  a  reputable  col- 
lege or  university,  with  proof  of  one  year's  successful  teaching  in  this  state, 
shall  be  accepted  in  place  of  an  examination  in  all  such  branches.  (3749 ; 
'01  c.  367  s.  1) 

1356.  Expenses  of  examinations,  etc. — The  local  expenses  of  such  ex- 
aminations shall  be  paid  by  the  county  in  which  they  are  held;  the  expense 
incurred  by  the  state  superintendent  under  the  provisions  of  this  chapter, 
not  to  exceed  twenty-five  hundred  dollars  per  year,  shall  be  paid  out  of  the 
fund  for  conducting  teachers'  institutes.     ('99  c.  101  s.  10) 

1357.  Teachers'  certificates — There  shall  be  five  grades  of  regular  teach- 
ers' certificates :  Third  grade,  second  grade,  first  grade,  second  grade  pro- 
fessional, and  first  grade  professional.  No  certificate,  shall  be  granted  ex- 
cept on  satisfactory  proof  of  professional  ability  and  moral  character.  Pro- 
vided, that  the  state  superintendent  of  public  instruction  may  in  his  discre- 
tion issue  certificates  of  qualification  without  examination  to  persons  who 
have  taught  in  public  schools  of  this  state  for  five  or  more  years,  upon  their 
filing  with  said  superintendent  of  public  instruction  a  written  application 
approved  by  the  board  of  education  or  school  trustees,  together  with  the 

275 


§   1358  EDUCATION  [Ch.  14 

city  superintendent  or  county  superintendent,  under  which  said  applicant 
shall  have  taught  the  greater  part  of  five  years  preceding  the  date  of  ap- 
plication.       ♦ 

1358.  Third  grade  certificates — Third  grade  certificates  may  be  given  by 
the  county  superintendent  when  he  deems  it  necessary,  upon  his  own  ex- 
amination, for  a  term  of  one  year,  in  a  designated  district  or  school.  vSuch 
certificate  shall  not  be  renewed  without  re-examination,  and  no  teacher  shall 
receive  more  than  two  such  certificates  in  the  same  county.  ('99  c.  101  s. 
3;  '01  c.  160) 

1359.  Second  grade  certificates — Second  grade  certificates  shall  be  given 
to  persons  otherwise  qualified,  not  less  than  eighteen  years  of  age,  and  of 
at  least  five  months'  successful  experience  in  teaching.  Such  certificates 
shall  be  signed  by  the  state  and  county  superintendent,  and  shall  be  valid 
for  two  years  in  the  county  designated,  and  in  any  other  county  upon  indorse- 
ment by  the  county  superintendent  thereof.  ('99  c.  101  ss.  1,  3 ;  '01  c. 
160  s.  1) 

1360.  First  grade  certificates — First  grade  certificates  shall  be  given  to 
persons  otherwise  qualified,  and  of  at  least  eight  months'  successful  ex- 
perience in  teaching.  Such  certificate  shall  be  signed  by  the  state  and 
county  superintendents,  and  shall  be  valid  for  five  years  in  any  county  of 
the  state,  upon  presentation  thereof  to  the  county  superintendent  of  such 
county.     ('99  c.  101  ss.  1,  3;  '01  c.  160  s.  1) 

1361.  Certificates  and  diplomas  to  have  the  force  of  certificates — Certifi- 
cates of  graduation  in  the  department  of  pedagogy  of  the  state  university, 
issued  to  those  who  are  graduates  from  its  college  of  science,  literature  and 
art,  and  diplomas  of  the  state  normal  schools  shall  be  valid  as  first  grade 
certificates  for  two  years  from  their  date,  and,  at  the  expiration  of  two  years 
of  actual  successful  teaching,  such  diploma  in  the  elementary  course,  in- 
dorsed by  the  president  of  the  school  granting  it  and  the  state  superintend- 
ent, shall  have  the  force  of  a  first  grade  certificate  for  five  years,  and  the 
diploma  in  the  advanced  course,  so  indorsed,  of  a  first  grade  certificate  for 
life.     (3840,  3841 ;  '95  c.  181 ;  '97  c.  20) 

1362.  Renewal  and  validity  of  certificates — First  and  second  grade  certif- 
icates may  be  renewed  as  prescribed  by  the  state  superintendent,  and  shall 
be  valid  in  all  grades  below  the  high  school  unless  the  school  board  of  any 
district,  by  formal  action,  decide  otherwise,  and  except  as  otherwise  ex- 
pressly provided  in  this  chapter.     ('99  c.  101  ss.  4,  8) 

1363.  Limited  second  grade  certificates — Limited  second  grade  certificates, 
good  for  one  year,  may  be  given  by  the  county  superintendent  to  persons 
without  experience,  not  less  than  seventeen  years  of  age,  who  have  passed 
the  required  examination.     ('99  c.  101  s.  3) 

1364.  Appeals — Any  person  to  whom  a  certificate  is  refused  may,  within 
ten  days  from  the  receipt  of  notice  of  refusal,  appeal  to  the  state  superin- 
tendent, and,  when  such  refusal  is  for  failure  to  pass  the  scholastic  examina- 
tion, he  may  on  appeal  have  his  papers  reviewed  and  marked  by  the 
instructors  in  the  corresponding  branches  of  the  state  university,  and  such 
review  and  marking  shall  be  final.    ('99  c.  101  s.  7) 

1365.  Revocation  of  certificates — The  county  superintendent  under  whose 
supervision  any  teacher  is  employed,  for  good  cause,  and  upon  notice  to  the 
teacher  of  the  grounds  of  complaint,  and  after  opportunity  to  defend,  may 
revoke  his  authority  to  teach,  except  in  case  of  teachers  holding  professional 
certificates  or  their  equivalents.  Any  person  whose  authority  to  teach  is  so 
revoked  may  appeal  to  the  state  superintendent  in  time  and  manner  as  from 
a  refusal  to  grant  a  certificate.  In  case  the  superintendent  refuses  to  annul 
any  certificate  upon  complaint  of  the  board  of  the  district  employing  such 
teacher,  the  board  mav  appeal  in  like  time  and  manner.  Such  superintendent 
may  also  cite  for  examination  any  such  teacher,  and,  upon  his  failure  to 
submit  to  such  re-examinatioh  or  to  pass  the  same  satisfactorily,  shall  revoke 
his  authority,  subject  to  the  right  of  appeal  as  in  other  cases.     He  shall  file 

276 


Ch.  14]  •  EDUCATION  §  1366 

in  the  office  of  the  district  clerk  a  statement  of  such  revocation,  and  the 
grounds  thereof,  and  shall  deliver  a  copy  thereof  to  the  teacher,  whose 
authority  shall  cease  from  the  time  of  filing  such  statement.  (3753;  '99  c. 
101  s.  2) 

32-476,  21+554. 

1366.  Professional  certificates — Permanent  teachers  of  high  character  and 
successful  experience  may  be  granted  first  grade  professional  certificates,  upon 
passing  the  examination  or  furnishing  the  evidence  hereinafter  provided  for 
such  certificates.  Such  certificate  shall  authorize  the  holder  to  teach  in  any 
school  in  the  state,  upon  presenting  the  same  to  the  superintendent  having 
supervision  of  such  school,  and  shall  remain  in  force  as  long  as  its  holder  is 
engaged  in  educational  pursuits,  but  shall  be  void  after  he  shall  cease  for 
three  years  so  to  do,  unless  it  be  renewed  by  indorsement  of  the  state  super- 
intendent.    (3749;  '01  c.  367  s.  1) 

1367.  Second  grade  professional  certificates — A  second  grade  professional 
certificate  may  be  granted  to  any  such  teacher  who  passes  a  successful  exam- 
ination on  all  the  branches  included  in  subdivision  1,  and  in  six  branches 
included  in  the  other  subdivisions  of  §  1354,  to  be  selected  by  him.  C3749 ; 
'01  c.  367  s.  1) 

1368.  First  grade  professional  certificates — A  first  grade  professional  cer- 
tificate may  be  granted  to  any  such  teacher  who  passes  a  satisfactory  exam- 
ination in  all  the  branches  of  subdivision  1,  in  two  of  those  in  each  of  subdivi- 
sions 2  and  3,  and  in  three  of  those  in  each  of  the  other  subdivisions  of  §  1354, 
or  furnishes  the  evidence  of  qualification  made  equivalent  to  such  exam- 
ination.   (3749 ;  '01  c.  367  s.  1) 

1369.  Certificates  and  diplomas  equivalent  to  first  grade  professional  certifi- 
cates— Certificates  of  graduation  in  the  department  of  pedagogy  of  the  state 
university,  upon  proof  of  two  years'  successful  teaching,  and  indorsement  by 
the  state  superintendent  and  the  president  of  the  univeisity,  shall  have  all 
the  force  of  first  grade  professional  certificates,  subject  to  the  same  rules. 
(3841 ;  '95  c.  181) 

1370.  Professional  permits — The  state  superintendent  may  grant  to  teach- 
ers, who  lack'not  more  than  three  of  the  branches  required  for  a  professional 
certificate,  professional  permits  good  for  one  year,  which  shall  confer  during 
such  time  the  same  authority  to  teach  as  a  professional  certificate.  (3749; 
'01  c.  367  s.  1) 

1371.  Certificates  may  be  suspended  or  revoked — For  good  cause,  any 
professional  certificate,  or  its  equivalent,  or  any  professional  permit,  may  be 
suspended  by  any  county  superintendent  under  whom  the  holder  thereof  is 
teaching.  Such  superintendent  shall  forthwith  notify  the  teacher  and  the 
state  superintendent  of  such  suspension,  and  the  state  superintendent  shall 
forthwith  order  such  teacher  to  show  cause  before  him,  at  a  time  and  place 
specified,  why  his  authority  to  teach  should  not  be  revoked,  and  shall  notify 
such  county  or  other  superintendent  of  such  hearing.  Upon  such  hearing 
the  state  superintendent  may  either  annul  such  order  of  suspension,  or  revoke 
the  authority  of  such  teacher,  and  such  teacher  shall  be  entitled  to  a  speedy 
hearing.  If  the  order  be  annulled,  such  teacher  shall  be  entitled  to  full  pay 
during  the  time  the  order  Was  in  force.     (3842) 

1372.  Special  certificates — The  state  superintendent  may  grant  special  cer- 
tificates authorizing  the  holder  to  teach,  in  high  or  graded  schools,  music, 
drawing,  any  specified  language,  or  other  special  branch  or  branches,  either 
for  a  term  of  years  or  for  life,  to  teachers  passing  satisfactory  examination  in 
the  branches  required  for  a  second  grade  certificate  and  the  special  branch  or 
branches  which  such  teacher  is  authorized  to  teach.  Such  certificate  shall  be 
granted  for  life  only  upon  proof  of  at  least  two  years'  successful  experience 
in  teaching  such  branch  or  branches,  but  the  holder  of  a  limited  special  cer- 
tificate may,  upon  proof  of  such  successful  teaching,  without  further  examina- 
tion, be  granted  a  special  life  certificate  for  such  branch  or  brandies. 

277 


§  1373  EDUCATION  [Ch.  14 


SUPERINTENDENTS 

1373.  School  superintendents — The  general  supervision  of  public  schools 
is  vested  in  a  state  superintendent,  to  be  known  as  the  superintendent  of  public 
instruction,  county,  city,  and  district  superintendents,  and  the  state  high 
school  board  and  its  inspectors. 

STATE  SUPERINTENDENT 

1374.  Appointment  and  term — Deputy,  etc. — The  state  superintendent  shall 
be  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  for  the  term  of  two  years,  beginning  on  the  first  Tuesday  in  April 
following  his  appointment.  Vacancies  in  said  office  shall  be  filled  by  like 
appointment  for  the  remainder  of  the  term.  He  shall  have  an  office  in  the 
capitol,  where  he  shall  file  and  keep  all  papers,  reports,  and  public  documents 
made  or  transmitted  to  him,  and  a  record  of  all  his  official  business.  He  shall 
appoint  a  deputy,  who  shall  perform  his  duties  when  absent  or  disabled,  and 
at  other  times  such  services  as  he  may  require.  He  may  employ  other  neces- 
sary assistants  from  time  to  time  and  prescribe  their  compensation,  not 
exceeding,  in  the  aggregate,  the  moneys  appropriated  therefor.     (3718-3722) 

1375.  Salaries  and  expenses — Standing  appropriation — He  shall  receive  a 
salary  of  three  thousand  dollars  per  year,  payable  in  monthly  instalments, 
and  his  necessary  expenses  for  travel,  postage,  stationery  and  other  disburse- 
ments of  his  office  shall  be  paid  by  the  state;  but  such  expenses  shall  not 
exceed  one  thousand  dollars  in  any  year,  exclusive  of  clerical  help,  which 
shall  not  exceed  sixteen  hundred  dollars  per  annum.  The  salary  of  the  deputy 
superintendent  shall  be  eighteen  hundred  dollars  per  year.  There  is  hereby 
appropriated  annually  out  of  the  treasury,  for  the  payment  of  salaries  of  the 
superintendent  and  his  deputy,  forty-eight  hundred  dollars ;  for  the  expenses 
aforesaid  one  thousand  dollars ;  and  for  clerk  hire  sixteen  hundred  dollars. 
(3720,  7956,  7961,  7965;  '03  c.  252) 

1376.  To  meet  county  and  other  superintendents — The  state  superintendent 
shall  meet  the  several  county  and  other  superintendents  at  such  times  and 
places  in  the  several  judicial  districts  as  he  shall  deem  most  beneficial,  upon 
proper  notice,  for  the  purpose  of  considering  and  discussing  any  matters 
affecting  the  interest  of  the  public  schools.     (3723) 

1377.  Report — He  shall  prepare  on  or  before  December  5  of  each  even- 
numbered  year,  and  submit  to  the  legislature,  through  the  governor,  a  report 
containing : 

1.  An  abstract  of  the  reports  of  the  several  county  superintendents,  showing 
the  number  of  organized  districts  of  each  class,  the  number  of  schools  taught, 
and  the  enrolment  and  average  attendance  in  them. 

2.  A  statement  of  the  condition  of  public  schools  and  of  other  institutions 
of  learning  reporting  to  him. 

3.  The  amount  of  school  moneys  collected  and  expended  each  year,  speci- 
fying the  amount  received  from  each  source,  and  the  amount  expended  for 
each  purpose. 

4.  The  names  and  number  of  schools  of  each  class  receiving  state  aid,  the 
number  of  pupils  attending  the  classes  in  each,  and  the  probable  amount 
required  for  such  aid  during  the  next  ensuing  two  years  for  schools  of  each 
class. 

5.  All  matters  relating  to  his  office,  the  public  schools,  the.  school  fund,  the 
number  and  character  of  the  teachers,  and  such  other  matters  as  he  may  deem 
expedient.     (3734;  '99  c.  352  s.  27) 

1378.  Blanks  for  school  use — He  shall  prepare  and  distribute,  through  the 
county  superintendents,  school  registers,  blanks  for  all  reports  required  by 
this  title,  record  books  for  district  treasurers  and  clerks,  and  any  other  blanks 
necessary  for  school  business.     (3735) 

278 


Ch.  14]  EDUCATION  §   1379 


COUNTY  SUPERINTENDENTS 

1379.  Duties — In  addition  to  their  other  duties,  county  superintendents 
shall  visit  and  instruct  each  school  in  their  counties  at  least  once  in  each  term, 
except  those  under  the  immediate  charge  of  a  city  or  district  superintendent, 
and  instruct  its  teachers ;  organize  and  conduct  such  teachers'  institutes  as 
they  shall  deem  expedient ;  encourage  teachers'  associations ;  advise  teachers 
and  school  boards  in  regard  to  the  best  methods  of  instruction,  the  most 
approved  plans  for  building,  improving,  and  ventilating  schoolhouses,  or 
ornamenting  school  grounds,  and  of  adapting  them  to  the  convenience  and 
healthful  exercise  of  the  pupils;  stimulate  school  officers  to  the  prompt  and 
proper  discharge  of  their  duties;  receive  and  file  all  reports  required  to  be 
made  to  them ;  and  make  a  report  to  the  state  superintendent,  containing  an 
abstract  of  such  reports,  a  written  statement  of  the  condition  and  prospects  of 
the  schools  under  their  charge,  and  such  other  matters  as  they  may  deem 
proper,  or  as  may  be  called  for  by  the  state  superintendent.     (3743) 

1380.  Meetings  of  district  officers — The  county  superintendent  may  call 
meetings  of  the  district  officers  of  his  county  at  such  times  and  places  as 
may  be  convenient,  to  remain  in  session  for  one  day,  for  consultation  and 
advice  in  regard  to  school  statistics,  methods  of  organization  of  schools, 
and  other  matters  relating  to  the  educational  interests  of  the  public  schools. 
(3743) 

1381.  Records — The  county  superintendent  shall  keep  in  books  provided 
by  the  county  a  record  of  examinations  of  candidates  to  whom  certificates 
are  granted  or  refused,  of  the  date  of  examination,  the  name,  sex,  and  age 
of  each  candidate,  the  grade  of  certificate  granted,  and  the  grounds  on  which 
any  certificate  is  refused,  and  a  like  record  of  all  certificates  of  those  teach- 
ing in  his  county,  and  of  such  other  matters  as  may  be  prescribed  by  the 
state  superintendent.     (3751) 

32-476,  21+554.  See  1905  c.  137 

1382.  Blanks — He  shall  forward  to  teachers  and  clerks  all  blanks  and 
circulars  furnished  him  for  their  use,  and  shall  be  guided  generally  by  the 
rules  prescribed  by  the  state  superintendent  and  the  high  school  board. 
(3754) 

1383.  Report  to  state  superintendent — He  shall  report  to  the  state  super- 
intendent, on  or  before  September  20  of  each  year,  the  number  of  different 
pupils  of  school  age  enrolled  in  the  schools  of  each  district;  taking  care  that 
no  pupil  is  counted  more  than  once,  and  that  no  one  not  entitled  to  appor- 
tionment is  included.  This  report  shall  include  tabulated  extracts  from  the 
reports  of  the  teachers  and  clerks,  and  such  other  matters  as  may  be  called 
for  in  the  blanks.     (3755) 

1384.  Report  to  auditor — He  shall  in  like  manner,  on  or  before  the  last 
Wednesday  in  October,  file  with  the  county  auditor  an  abstract  of  the  num- 
ber of  pupils  of  school  age  enrolled  in  the  schools  of  each  district,  and  en- 
titled to  be  counted  for  appropriation  from  the  current  school  fund,  and  of 
months'  school  taught  in  each  school  during  such  school  year.     (3756) 

1385.  Failure  to  report — No  warrant  shall  be  drawn  for  the  payment  of 
the  salary  of  the  county  superintendent  for  the  month  of  October  of  any 
year  unless  such  report  to  the  auditor  shall  have  been  filed,  and  proof  made 
of  the  filing  of  such  superintendent's  report  to  the  state  superintendent. 
(3786) 

1386.  Deputy  superintendent — Any  superintendent  physically  unable  to 
visit  his  schools  or  conduct  teachers'  examinations  in  proper  time  may  ap- 
point a  deputy  superintendent  for  not  more  than  sixty  days  in  any  year,  to 
be  paid  by  such  county  superintendent.     (3757) 

1387.  Assistant  superintendent — In  counties  containing  one  hundred  or 
more  schools  under  his  supervision,  the  county  superintendent  may  appoint 
an  assistant  superintendent,  to  be  approved  by  the  county  board.  Such 
assistant  shall  perform  such  duties  as  may  be  directed  by  the  superintendent, 

279 


§  1388  ,  EDUCATION  [Ch.  M 

and  shall  report  to  him.  Such  assistant  shall  be  paid  by  the  county  at  the 
rate  of  three  dollars  per  day  and  necessary  traveling  expenses  for  each  day 
of  actual  service,  such  service  to  be  limited  to  forty  days  in  each  year,  and 
one  day  additional  for  each  school  above  one  hundred.  In  counties  having: 
one  hundred  and  seventy-five  schools  or  more,  such  assistant  shall  assist 
the  superintendent  in  the  performance  of  his  general  duties  as  directed,  and 
shall  report  to  him,  and  shall  receive  a  salary  to  be  fixed  by  the  county  board,, 
but  not  to  exceed  fifteen  hundred  dollars  per  year.     (3758) 

See  1905  cc.  156,  190 

TOWN  SUPERINTENDENTS 

1388.  Election — Term — Each  organized  town  in  school  districts  contain- 
ing twenty  or  more  townships  shall  elect  at  its  annual  town  meeting  a  town 
superintendent.  His  term  of  office  shall  be  for  one  year  and  until  his  suc- 
cessor qualifies.  His  compensation  shall  be  fixed  by  the  town  meeting,  and 
shall  remain  as  so  fixed  until  changed  by  a  subsequent  meeting,  and  shall  be 
paid  out  of  the  town  funds.     ('03  c.  43  ss.  1,  2) 

1389.  Duties — The  town  superintendent  shall  advise  the  school  board 
in  regard  to  the  location,  erection,  and  repair  of  school  buildings,  the  im- 
provement of  school  sites,  the  employment  of  teachers,  the  furnishing  of 
school  supplies,  and  all  other  matters  .relating  to  the  schools  in  the  town. 
He  shall  look  after  truants,  visit  the  schools,  attend  meetings  of  school 
officers  called  by  the  county  superintendent,  report  from  time  to  time  to  the 
school  board  the  condition  of  schools  in  his  town,  with  such  suggestions  in 
regard  to  their  improvement  as  he  may  deem  proper,  and,  when  authorized 
by  the  school  board,  make  contracts  for  fuel  and  other  necessary  supplies  for 
the  schools  in  his  town,  and  for  ordinary  repairs  for  the  schoolhouses.  ('05 
c.  43  s.  1) 

HIGH  SCHOOL  BOARD 

1390.  Composition — The  state  superintendent,  the  president  of  the  state 
university,  and  the  president  of  the  board  of  normal  school  directors,  ex 
officio,  and  the  superintendent  or  principal  of  a  high  school,  and  one  other 
person  appointed  by  the  governor  and  confirmed  by  the  senate,  shall  consti- 
tute the  high  school  board.  They  shall  be  entitled  to  their  actual  necessary 
expenses,  but  no  compensation.     ('99  c.  352  s.  1 ;  '01  c.  148  s.  1) 

1391.  Duties — The  board  shall  establish  rules  relating  to  examinations, 
reports,  acceptances  of  schools,  and  courses  of  study,  and  other  proceedings 
in  connection  with  high  and  graded  schools  applying  for  special  state  aicL 
and  shall  prescribe  and  enforce  the  maintenance  of  an  optional  English  or 
business  course,  as  equivalent  to  the  preparatory  collegiate  course ;  but  the 
school  board  of  any  district  may  substitute  any  proper  studies  in  place  of 
any  studies  embraced  in  such  course.     ('99  c.  352  s.  3 ;  '01  c.  148  s.  2) 

1392.  Records  and  reports — It  shall  keep  a  record  of  all  its  proceedings,, 
and  on  or  before  September  1  shall  make  a  report  to  the  state  superintendent 
covering  the  previous  year,  and  showing  in  detail : 

1.  All  receipts  and  disbursements,  with  the  source  and  nature  thereof. 

2.  The  names  and  number  of  schools  of  each  grade  receiving  aid,  and  the 
number  of  pupils  attending  each  class  therein. 

To  such  report  it  may  add  such  recommendations  as  it  may  deem  best- 
('99  c.  352  s.  4) 

1393.  Appointment  of  inspectors,  assistants,  and  examiners — It  shall  ap- 
point a  high  school  and  a  graded  school  inspector,  and  such  assistant  in- 
spectors and  examiners  as  may  be  necessary,  and  fix  their  compensation; 
but  no  person  receiving  a  salary  from  a  state  institution  shall  receive  any 
compensation  under  this  section,  and  the  pay  of  examiners  shall  not  exceed 
three  dollars  per  day,  or  fifty  cents  per  hour.     ('99  c.  352  s.  2) 

Sec  1905  c.   296  s.3 

1394.  Duties  of  inspectors  and  assistants — The  high  school  inspector  or 
an  assistant  shall  visit  and  examine  each  high  school  at  least  once  in  each 

280 


Ch.  14]  EDUCATION  §   1395 

year,  and  carefully  inspect  its  instruction  and  discipline,  and  immediately 
make  a  written  report  thereon.  The  graded  school  inspector  and  his  assist- 
ants shall  perform  like  duties  in  respect  of  graded  schools.  ('99  c.  352 
ss.  2,  8) 

1395.  When  county  superintendent  may  make  inspection — Upon  written 
application,  such  board  shall  empower  any  county  superintendent  to  make 
like  examinations  of  schools  in  his  county  other  than  high  and  graded.  He 
shall  hold  the  same  relation  to  the  board  as  the  principal  or  superintendent 
of  schools  under  its  supervision,  and  shall  establish  a  regular  and  orderly 
course  of  study,  meeting  the  requirements  of  such  examinations  and  tests. 
Such  course  shall  include  all  the  branches  required  for  a  second  grade  certif- 
icate, and  such  others  as  may  be  taught  in  the  schools  under  his  supervision. 
('95  c.  17) 

1396.  Assistants — He  may  appoint  assistants,  not  to  exceed  one  for  each 
four  townships,  and  shall  designate  the  points  at  which  such  examinations 
are  to  be  held,  not  to  exceed  one  for  each  four  townships.  The  assistants 
shall  report  the  result  of  the  examinations  to  him,  and  he  shall  in  like  man- 
ner report  to  the  board.  Such  assistants  shall  be  paid  by  the  county  at  the 
rate  of  three  dollars  per  day  for  the  time  necessarily  occupied  in  such  ex- 
aminations.    ('95  c.  17) 

SCHOOL  FUNDS 

1397.  State  apportionment  of  school  funds — The  state  superintendent 
shall  apportion  the  available  current  school  fund  among  the  counties  on  the 
first  Monday  of  March  and  of  October  in  each  year,  in  proportion  to  the 
number  of  scholars  of  school  age  entitled  to  apportionment  therein.  No. 
scholar  shall  be  counted  more  than  once  in  any  county,  which  shall  be  irr 
the  district  in  which  his  parents  or  guardians  reside,  if  such  scholar  has  at- 
tended school  and  is  entitled  to  apportionment  therein.  But  no  district 
shall  be  entitled  to  any  portion  of  said  fund  that  has  not  had  at  least  live 
months  of  school  term  within  the  year,  conducted  pursuant  to  the  provisions  of 
this  chapter,  nor  shall  any  district  be  entitled  to  any  part  of  said  fund  for  any 
pupil  who  has  not  attended  school  at  least  forty  days  within  such  year. 
(3759,  3760) 

1398.  State  auditor  to  draw  warrant — Standing  appropriation — Upon  re- 
ceiving a  copy  of  such  apportionment,  the  state  auditor  shall  draw  his  war- 
rant on  the  state  treasury,  payable  to  the  state  treasurer,  for  the  amount  due 
each  county.  The  state  treasurer  shall  apply  such  amount  in  his  semiannual 
settlement  with  each  county  named  in  the  apportionment,  and,  if  the  amount 
due  any  county  shall  exceed  the  amount  due  from  such  county  for  state 
taxes,  shall  forthwith  transmit  to  the  county  treasurer  the  amount  of  such 
excess.  There  is  hereby  annually  appropriated  from  the  current  school  fund 
the  amount  of  such  apportionments.     (3761,  3762) 

1399.  County  apportionment — The  county  auditor  on  the  last  Monday  in 
March  and  October  of  each  vear  shall  apportion  among  the  districts  entitled 
thereto  the  amount  apportioned  from  the  current  school  fund,  and  the 
amount  received  from  liquor  licenses,-  fines,  estrays,  and  other  sources,  be- 
longing to  the  general  school  fund,  upon  the  same  basis  provided  for  the 
state  apportionment,  and  such  money  shall  be  used  only  for  the  payment  of 
teachers'  wages ;  but  no  district  shall  receive  any  part  of  the  money  received 
from  liquor  licenses  unless  all  sums  paid  for  such  licenses  in  such  district 
are  apportioned  to  the  county  school  fund,  and  no  district  shall  receive  in 
any  year  from  the  apportioned  fund  a  greater  amount  than  that  appropriated 
by  such  district  from  its  special  and  local  one-mill  tax  for  that  year,  unless 
such  district  has  levied  for  such  year  the  maximum  amount  allowed  by  law 
for  school  purposes.     (3763) 

1400.  Apportionment  to  schools  in  new  districts — Any  district  which  for 
the  first  year  after  its  organization  has  made  provision  for  a   four-months 
school  by  the  levy  of  a  sufficient  tax,  and  ,has  maintained  a  legal  school  for  . 
one  month,  shall  receive  its  share  in  the  first  succeeding  apportionment,  in 

281 


§   1401  EDUCATION  [Ch.  14 

proportion  to  its  actual  enrolment.  Such  enrolment  shall  be  reported  as  in 
other  cases,  and  the  number  of  pupils  so  returned  shall  be  included  by  the 
state  superintendent  and  the  county  auditor  in  their  apportionment.  (3763; 
'97  c.  49) 

1401.  Report  of  county  apportionment,  etc. — The  county  auditor,  on  the 
first  Wednesday  after  such  apportionment,  shall  report  to  the  state  superin- 
tendent the  amount  apportioned  to  each  district,  the  sources  from  which 
such  money  was  received,  the  aggregate  number  of  pupils  in  the  county, 
and  the  number  of  districts  sharing  in  the  apportionment.  He  shall  also, 
immediately  after  the  qualification  of  the  county  superintendent,  report  to 
the  state  superintendent  his  name  and  postofnce  address.     (3764,  3765) 

PENALTIES 

1402.  Excluding  or  expelling  pupils — Any  member  of  any  public  school 
board  or  board  of  education  of  any  district,  who,  without  sufficient  cause, 
or  on  account  of  race,  color,  nationality,  or  social  position,  shall  vote  for,  or, 
being  present,  shall  fail  to  vote  against,  the  exclusion,  expulsion,  or  suspen- 
sion from  school  privileges  of  any  person'entitled  to  admission  to  the  schools 
of  such  district,  shall  forfeit  to  the  party  aggrieved  fifty  dollars  for  each 
such  offence,  to  be  recovered  in  a  civil  action.     (3777) 

1403.  Improper  classification — No  district  shall  classify  its  pupils  with 
reference  to  race,  color,  social  position,  or  nationality,  nor  separate  its  pupils 
into  different  schools  or  departments  upon  any  of  such  grounds.  Any  dis- 
trict so  classifying  or  separating  any  of  its  pupils,  or  denying  school  privi- 
leges to  any  of  its  pupils  upon  any  such  ground,  shall  forfeit  its  share  in  all 
apportioned  school  funds  for  any  apportionment  period  in  which  such  classi- 
fication, separation,  or  exclusion  shall  occur  or  continue.  The  state  superin- 
tendent, upon  notice  to  the  offending  district,  and  upon  proof  of  the  viola- 
tion of  the  provisions  of  this  section,  shall  withhold  in  the  semiannual  appor- 
tionment the  share  of  such  district,  and  the  county  auditor  shall  thereupon 
exclude  such  district  from  his  apportionment  for  such  period.     (3777) 

1404.  Refusing  to  serve  on  school  board — Any  person  accepting  an  elec- 
tion or  appointment  upon  any  school  board,  and  refusing  or  neglecting  to 
qualify  or  to  serve,  or  to  perform  any  of  the  duties  of  such  office,  shall  forfeit 
for  each  offence  the  sum  of  ten  dollars,  to  be  collected  in  an  action  before 
a  justice  of  the  peace,  to  be  prosecuted  in  the  name  of  the  district  by  its 
director  or  other  proper  officer,  or  by  any  freeholder  thereof.     (3782) 

31-227,  17+373. 

1405.  Failure  of  clerk  to  report — Any  clerk  of  a  school  district  who  fails 
to  make  any  report  required  of  him  by  law  shall  forfeit  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  the  use  of  the  district.     (3783) 

1406.  Drawing  illegal  order — Any  school  district  clerk  who  shall  illegally 
draw  an  order  upon  the  treasurer,  any  chairman  or  other  officer  who  shall 
attest  such  order,  and  any  school  district  treasurer  who  shall  knowingly  pay 
the  same,  shall  each  forfeit  to  the  district  twice  the  amount  of  such  order,  to 
be  collected  in  an  action  brought  in  the  name  of  the  district  by  any  freeholder 
thereof.     (3784) 

31-333,  17+866. 

1407.  Neglecting  to  keep  or  deliver  records — Any  school  district  clerk  who 
shall  neglect  to  keep  the  books  and  records  of  his  office  in  the  manner  pre- 
scribed by  law,  or  shall  wilfully  refuse  to  deliver  such  books  and  records  to 
his  successor  in  office,  shall  forfeit  to  the  use  of  the  district  the  sum  of  ten 
dollars  for  each  offence.     (3785) 

1408.  Failure  of  auditor  to  report — Any  county  auditor  who  shall  fail  to 
make  to  the  state  superintendent  of  public  instruction  any  report  of  appor- 
tionment required  by  law  shall  forfeit  for  the  benefit  of  the  school  fund  of  the 
county  the  sum  of  fifty  dollars.     (3787) 

282 


Cll.  14]  EDUCATION  §    1409 

1409.  Failure  of  county  superintendent  to  report — Any  county  superin- 
tendent who  shall  fail  to  report  to  the  county  auditor  the  abstract  of  district 
clerks'  and  teachers'  reports  required  by  law,  or  to  make  his  statistical  report 
to  the  state  superintendent,  shall  forfeit  to  the  school  fund  of  the  county  for 
each  such  omission  fifty  dollars,  to  be  deducted  from  his  salary  by  the  county 
board.     (3786) 

1410.  Dealing  in  school  supplies — No  teacher,  nor  any  state,  county,  town, 
city,  or  district  school  officer,  shall  be  interested  directly  or  indirectly  in  the 
sale,  proceeds,  or  profits  of  any  book,  apparatus,  or  furniture  used  or  to  be  used 
in  any  school  with  which  he  is  connected.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  forfeit  not  less  than  fifty  dollars  nor  more  than 
two  hundred  dollars  for  each  such  offence/  But  this  section  shall  not  apply 
to  a  teacher  who  may  have  an  interest  in  the  sale  of  any  book  of  which  he 
himself  is  the  author.     (3788) 

1411.  Duty  of  officers  to  report  violations  of  law — Every  officer  to  whom 
reports  are  required  by  this  chapter  to  be  made,  and  for  the  failure  to  make 
which  a  penalty  or  fine  or  forfeiture  is  provided,  shall  give  immediate  written 
notice  of  such  failure  to  the  delinquent  and  to  the  proper  county  attorney. 
Such  county  attorney  shall  thereupon  institute  proper  proceedings  to  collect 
such  penalty,  fine,  or  forfeiture.  Upon  complaint  of  the  county  superin- 
tendent, or  whenever  it  comes  to  his  knowledge  that  any  school  officer  has 
violated  any  provision  of  this  chapter,  for  which  violation  a  penalty,  fine,  or 
forfeiture  is  provided,  such  attorney  shall  institute  like  proceedings.     (3789) 

31-227,  17+373. 

SCHOOL  TAXES 

1412.  State  school  tax — There  shall  be  levied  annually  upon  the  taxable 
property  of  the  state  a  tax  of  one  and  twenty-three  one-hundredths  mills  on 
the  dollar,  to  be  known  as  the  state  school  tax,  of  which  one  mill  on  the  dollar 
shall  be  added  to  the  general  school  fund,  which  shall  then  be  known  as  the 
current  school  fund,  and  the  remainder  of  such  tax  shall  be  added  to  the 
university  fund.     (3768;  '97  c.  75) 

1413.  County  school  tax — District  tax — The  county  auditor  shall  extend 
upon  the  tax  lists  of  the  county,  in  the  same  manner  as  district  school  taxes 
are  extended,  a  tax  of  one  mill  on  the  dollar  of  the  taxable  property  in  each 
district,  to  be  known  as  the  county  school  tax,  and  be  credited  to  the  school 
district  in  which  the  property  taxed  is  situated.  The  tax  levied  by  school 
districts  shall  be  known  as  the  district  school  tax.     (3768 ;  '97  c.  75) 

1414.  District  school  tax — In  common  districts  such  district  school  tax 
shall  not  exceed  fifteen  mills  on  the  dollar  for  the  support  of  the  schools,  or 
ten  mills  for  the  purchase  of  school  sites  and  the  erection  and  equipment  of 
schoolhouses ;  but  in  such  districts  in  which  such  ten-mill  tax  will  not 
produce  six  hundred  dollars,  a  greater  tax  may  be  levied  for  school  sites  and 
buildings,  not  to  exceed  twenty-five  mills  on  the  dollar,  nor  six  hundred 
dollars  in  amount.  In  common  districts  having  less  than  ten  voters  the 
district  school  tax  shall  nbt  exceed  three  hundred  dollars.  In  independent 
districts  qo  tax  in  excess  of  eight  mills  on  the  dollar  shall  be  levied"  for  the 
purchase  of  school  sites  and  the  ere£tion_gjf  schoolhouses.  In  special  districts 
such  amounts  may  be  levied  as  may  be  allowed  by  special  law  at  the  time 
when 'the  Revised  Laws  take  effect.     (1558,  3677,  3807;  '99  c.  117) 

87-234,91+842.  See   1905  c.  25 

1415.  Same  in  certain  districts — In  all  districts  having  fifty  thousand  inhab- 
itants or  more  there  may  be  levied,  independently  of  and  in  addition  to  other 
sums  for  school  purposes  authorized  by  law,  an  amount  not  to  exceed  three 

*  mills  on  the  dollar,  for  the  purchase  of  school  sites  and  the  erection,  repair* 
furnishing,  and  fitting  of  school  buildings  and  the  general  maintenance  of  the 
schools,  which  amount,  to  the  extent  of  two  and  one-half  mills  only,  may  be 
appropriated'  to  general  maintenance,  and  the  remainder  to  one  or  more  of 
such  other  uses:     Provided,  that  the  total  levy  in  any  such  district  for  the 

283 


§   1416  EDUCATION  [Cll.  14 

maintenance  of  the  schools  shall  not  exceed  eight  mills  on  the  dollar.     ('99  c. 
77;  '01c.  30)  See  1905  c  25 

79-201,  81+912. 

STATE  AID 

1416.  Standing  appropriation  for  schools — There  is  hereby  appropriated 
annually  out  of  any  moneys  in  the  state  treasury  not  otherwise  appropriated 
the  following  sums: 

1.  For  aid  to  high  schools,  two  hundred  and  seventeen  thousand  dollars. 

2.  For  aid  to  graded  schools,  seventy-nine  thousand  dollars. 

3.  For  aid  to  semi-graded  schools,  sixty-seven  thousand  dollars. 

4.  For  aid  to  common  schools,  one  hundred  thousand  dollars. 

5.  For  necessary  expenses  of  high  school  board,  and  salaries  and  expenses 
of  high  and  graded  school  inspectors  and  examiners,  ninety-five  hundred 
dollars,  to  be  drawn  from  the  appropriation  for  high  and  graded  schools  in 
proportion  to  the  amounts  respectively*  apportioned  to  each. 

Such  sums,  or  such  part  of  said  sums  as  may  be  necessary,  together  with 
any  further  sums  appropriated  for  such  aid,  shall  be  available  August  1  of  each 
year.     ('99  c.  352  s.  28;  '03  c.  184  s.  2) 

See  1905  cc.  142,  296,  320 

1417.  Apportionment — The  board  shall  apportion  the  amount  appro- 
priated for  such  schools  equally  among  the  high  schools  and  the  graded 
schools  entitled  thereto,  but  no  high  school  shall  receive  more  than  fifteen 
hundred  dollars  per  year,  nor  any  graded  school  more  than  five  hundred  and 
fifty  dollars  per  year ;  nor  shall  the  amount  so  paid  any  high  school  exdeed  its 
actual  expenditure  for  such  work,  exclusive  of  building  and  repairs,  nor  shall 
any  graded  school  connected  with,  or  in  the  same  district  with,  an  aided  high 
school,  share  in  such  apportionment.     ('99  c.  352;  '03  cc.  184,  366) 

See  1905  c.320  £>       a^j, 

1418.  Limit  of  high  schools  aided — Not  more  than  seVen  high  schools  in 
the  same  county  shall  be  included  in  any  apportionment,  and  any  high  school 
so  included  shall  receive  aid  for  at  least  two  years,  if  it  continues  to  comply 
with  the  requirements  of  law  and  to  do  efficient  work.  In  case  any  high  school 
in  a  county  already  having  seven  aided  high  schools  shall  apply  for  aid,  the 
board  may  admit  such  school  to  apportionment  in  place  of  the  first  school  that 
has  received  such  aid  for  two  years.     ('99  c.  352;  '01  c.  19  s.  1) 

1419.  Payment  of  apportioned  fund — The  high  school  board  shall  certify 
to  the  state  auditor  the  schools  to  which  it  has  apportioned  the  appropriation, 
and  the  amount  apportioned  to  each.  The  auditor  shall  draw  his  warrant 
on  the  state  treasurer  for  the  amount  due  on  account  of  each  school,  and 
transmit  the  same  to  the  proper  school  board. 

1420.  Additional  aid  to  certain  high  schools — Standing  appropriation — 
In  addition  to  the  amount  hereinbefore  provided,  seven  hundred  and  fifty 
dollars  a  year  is  hereby  appropriated  out  of  the  general  revenue  fund  to 
each  high  school  having  a  four-years  course,  and  organized  classes  in  each 
of  the  four  grades  therein,  which  shall  provide  special  normal  instruction 
in  the  common  branches.  The  schools  entitled  to  such  aid  shall  be  deter- 
mined annually  by  the  high  school  board,  and  the  money  paid  in  the  same 
manner  as  provided  in  case  of  other  high  schools.     ('03  c.  359) 

1421.  What  common  schools  may  receive  aid — Districts  which  have  main- 
tained, for  not  less  than  eight  months  in  the  preceding  school  year,  a  school 
in  charge  of  a  teacher  holding  at  least  a  first  grade  state  certificate,  and 
which  have  a  suitable  school  building,  library,  and  other  apparatus  and  con- 
veniences, and  are  doing  efficient  work,  may  receive  state  aid  for  each  such 
school  in  said  district.     ('99  c.  352  s.  23) 

*  See  1905  c.  296 

1422.  Application  for  aid  to  semi-graded  and  common  schools — Any  dis- 
trict desiring  aid  for  a  semi-graded  or  common  school  may  make  application 
therefor  to  the  county  superintendent.  If  he  approve  the  same,  he  shall 
indorse  his  approval  thereon,  and  attach   thereto  his  certificate   that  such 

284 


Ch.  14]  EDUCATION  §1423 

school  fully  complies  with  the  requirements  of  law  and  is  entitled  to  such 
aid,  and  forward  the  same  to  the  state  superintendent.     ('99  c.  352  ss.  18,  24) 

1423.  Apportionment — The  state  superintendent  shall  annually  apportion 
to  such  semi-graded  and  common  schools  as  he  shall  find  entitled  to  state 
aid  the  amount  appropriated  for  such  schools,  in  equal  amounts  to  all  schools 
of  the  same  class,  but  no  semi-graded  school  shall  receive  more  than  two  hun- 
dred and  fifty  dollars,  nor  any  common  school  more  than  one  hundred  and 
twenty-five  dollars,  in  any  apportionment.  The  state  superintendent  shall 
certify  to  the  state  auditor  a  list  of  the  districts  of  each  class  to  which  such 
aid  is  apportioned,  and  the  amount  apportioned  to  each.  Such  amount  shall 
be  paid  in  the  same  manner  as  state  aid  to  high  schools.     ('99  c.  352  ss.  19?  26) 

SCHOOL  LIBRARIES  AND  TEXT-BOOKS 

1424.  Library  board — The  state  superintendent  and  the  presidents  of  the 
formal  schools  shall  constitute  a  state  library  board.  Such  board  shall  from 
time  to  time  prepare  and  amend  a  list  of  books  suitable  for  school  libraries, 
including  dictionaries  and  other  books  of  reference,  histories,  and  works 
of  biography,  literature,  political  economy,  agriculture,  travel,  and  science. 
They  shall  advertise  in  at  least  two  leading  papers  for  rates  at  which  such 
books  will  be  furnished  to  districts,  and  make  contracts  with  the  lowest 
responsible  bidders  for  a  period  not  to  exceed  two  years.     (3715,  3736) 

1425.  State  aid — Upon  receiving  from  any  district  a  certified  statement, 
approved  by  the  county  superintendent,  showing  the  purchase  of  books 
under  such  contracts,  the  appointment  of  a  librarian  for  each  library,  and 
the  making  of  proper  provisions  for  the  care  thereof,  and  for  the  free  dis- 
tribution of  books  suitable  for  distribution,  the  state  superintendent  shall 
furnish  such  district  a  requisition  on  the  state  auditor  for  one-half  the  pur- 
chase price,  not  exceeding  twenty  dollars  for  the  first  year's  purchase,  and 
ten  dollars  for  any  subsequent  year  for  each  separate  school  for  which  a 
library  is  so  furnished.     (3716 ;  '95  cc.  85,  86) 

1426.  Standing  appropriation — The  sum  of  ten  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary  to  carry  out  the  provisions  of  §§  1424,  1425, 
is  hereby  annually  appropriated. 

1427.  Text-books — Lists  and  samples — Before  any  person  shall  enter 
into  a  contract  with  any  school  board  to  furnish  text-books,  he  shall  file  with 
the  state  superintendent  a  list  of  his  books,  withr-their  lowest  net  price,  and 
deposit  with  him  a  copy  of  each  such  book,  in  binding,  paper,  print,  and 
matter  such  as  he  proposes  to  furnish  at  such  prices.  The  state  superin- 
tendent shall  furnish  a  copy  of  all  such  lists  and  prices  to  the  clerk  of  each 
district.     (3899,  3900) 

1428.  Free  text-books — Meeting — Notice — Whenever  jfive  or  more  legal 
voters  of  any  school  district  shall  petition  the  school  board  to  submit  to  such 
district  the  question  of  providing  free  text-books  to  pupils  attending  its 
schools,  it  shall  be  the  duty  of  such  board  to  submit  the  same  to  the  legal 
voters  of  such  district.  Such  question  may  be  submitted  at  a  special  meet- 
ing by  giving  ten  days'  notice  thereof,  or  at  any  annual  meeting.  But  in 
any  case  the  notice  of  such  meeting  shall  call  attention  to  the  fact  that  such 
question  will  be  submitted,  and  in  case  a  majority  at  such  meeting  shall  vote 
in  favor  of  such  free  text-books,  it  shall  be  the  duty  of  the  board  to  provide 
the  same.     (3900) 

TRAINING  OF  TEACHERS 

1429.  Instrumentalities — For  the  special  training  of  teachers  for  the  public 
schools,  there  are  established :  (1)  Teachers' institutes ;  (2)  training  schools  ; 
(3)  normal  schools. 

1430.  Institutes — Duty  of  state  superintendent — The  state  superintendent 
shall  provide  for  teachers'  institutes  and  training  schools  in  the  several 
counties  of  the  state,  for  the  instruction  and  training  of  teachers  in  pro- 
fessional and  academic  work.     He  shall  designate  the  county  or  counties  for 

285 


§   1431  EDUCATION  [Ch.  14 

which  such  institute  or  training  school  is  to  be  held,  and  the  time  and  place  of 
holding  the  same,  and  assign  instructors  and  lecturers  therefor.  Each  in- 
stitute shall  continue  for  at  least  four  days,  and  each  training  school  not  less 
than  four  nor  more  than  six  weeks.     (3724,  3727) 

1431.  Duties  of  county  superintendents — The  superintendent  of  each 
county  for  which  such  institute  or  school  is  appointed  shall  give  notice  thereof 
to  the  teachers  of  his  county,  and  shall  attend  and  take  part  in  the  exercises, 
and  make  necessary  arrangements  therefor.     (3725) 

1432.  Use  of  schoolhouses — The  school  board  of  any  district  in  which  any 
institute  or  training  school  is  held  shall  allow  the  free  use  of  any  schoolhouse 
or  schoolrooms  for  that  purpose,  upon  ten  days'  notice  of  selection  from  the 
county  superintendent:  Provided,  that  such  use  shall  not  interfere  with  the 
sessions  of  school.     (3745) 

73-375,  76+43. 

1433.  Appropriation  by  counties — The  county  board  of  any  county  for 
which  such  institute  or  training  school  is  appointed  may  appropriate  therefor 
out  of  the  county  revenue  fund  a  reasonable  sum,  to  be  expended  by  the  county 
superintendent.  Within  one  week  after  the  close  of  such  institute  or  school, 
the  superintendent  shall  pay  into  the  county  treasury  any  unused  part  of  such 
appropriation,  and  shall  file  with  the  county  auditor  an  itemized  statement 
of  the  disbursement  thereof,  with  proper  vouchers.     (3724,  3725) 

1434.  Schools  may  be  closed — Any  teacher  may  close  his  school  for  the 
purpose  of  attending  any  institute  appointed  for  his  county,  and  he  shall  be 
allowed  to  make  up  the  time  so  lost  upon  presenting  to  the  clerk  of  the  district 
a  certificate,  signed  by  the  county  superintendent,  attesting  said  teacher's  at- 
tendance at  the  institute.     (3730) 

1435.  Standing  appropriation — For  the  support  of  institutes  and  training 
schools,  the  sum  of  twenty-seven  thousand  dollars  is  hereby  annually  appro- 
priated out  of  the  revenue  fund.  Such  money  shall  be  paid  to  the  state  super- 
intendent monthly  upon  expense  accounts,  certified  by  him,  and  approved  by 
the  state  auditor,  and  accompanied  by  proper  vouchers.  Such  account  shall 
show  the  name  of  each  person  rendering  service  or  furnishing  supplies,  the 
nature  of  such  service  and  its  rate,  the  quality,  kind^  and  price  of  supplies, 
and  the  amount  to  which  each  person  is  entitled.  Upon  approval  of  such 
expense  account,  the  state  auditor  shall  draw  his  warrant  on  the  treasury  for 
the  amount  due  thereon,  and  may  include  in  such  warrant  a  further  sum,  not 
to  exceed  twenty  per  cent,  of  such  account,  for  the  payment  of  accruing  ex- 
penses in  the  next  succeeding  month.     (3726) 

1436.  Normal  schools — The  normal  schools  of  the  state  shall  be  known  as 
the  "Winona  State  Normal  School,"  the  "Mankato  State  Normal  School."  the 
"St.  Cloud  State  Normal  School,"  the  "Moorhead  State  Normal  School,"  and 
the  "Duluth  State  Normal  School,"  respectively.     (3833,  3834;  '95  c.  184) 

1437.  Model  schools — The  normal  school  board  may  organize  model 
schools  in  connection  with  each  normal  school,  for  illustrating  methods  of 
teaching  and  school  government  only.     (3844;  '99  c.  358) 

1438.  Tuition — There  shall  be  no  charge  for  tuition  or  incidental  expenses 
to  students  in  normal  schools  who  file  with  the  president  of  the  school  board  a 
declaration  of  intention  to  teach  in  the  public  schools  of  the  state  for  not  less 
than  two  years  after  leaving  such  school.  The  board  shall  fix  rates  of  tuition 
for  other  students,  and  for  pupils  in  the  model  schools.     (3845) 

1439.  Normal  school  board — The  educational  management  of  the  normal 
schools  is  vested  in  a  board  of  eight  directors,  who,  with  the  state  superin- 
tendent, shall  constitute  the  normal  school  board.  Such  directors  shall  be 
appointed  by  the  governor,  subject  to  confirmation  by  the  senate,  for  a  term 
of  four  years.  The  governor  shall  in  like  manner  fill  for  the  unexpired  term 
all  vacancies  in  the  board.  There  shall  be  one  director  resident  in  each  county 
in  which  a  normal  school  is  located,  and  no  two  shall  be  residents  of  the  same 
county.      (3835)  See  1905  c.119 

1440.  Annual  meeting  and  officers — The  annual  meeting  of  the  board  shall 
be  held  on  the  first  Tuesday  in  June.     At  such  meeting  it  shall  choose  by 

286 


Ch.  14]  EDUCATION  .  §   1441 

ballot  a  president,  whose  term  of  office  shall  be  for  two  years,  and  until  his 
successor  qualifies.  In  case  of  vacancy,  the  governor  shall  appoint  one  of  the 
directors  president  until  the  next  annual  meeting,  and  until  his  successor 
qualifies.     The  state  superintendent  shall  be  secretary  of  the  board.     (3837) 

1441.  Duties  of  board — The  board  shall  have  the  educational  management, 
supervision,  and  control  of  the  normal  schools,  and  of  all  property  appertaining 
thereto.  It  shall  appoint  all  presidents,  professors,  and  teachers  therein,  and 
fix  their  salaries,  but  the  salary  of  any  president  shall  not  exceed  three  thou- 
sand dollars  per  annum.  It  shall  prescribe  courses  of  study,  conditions  of 
admission,  prepare  and  confer  diplomas,  report  graduates  of  the  normal  de- 
partment, and  adopt  suitable  rules  and  regulations  for  the  schools.  It  shall,* 
as  a  whole  or  by  committee,  visit  and  thoroughly  inspect  the  grounds,  build- 
ings, modes  of  instruction,  discipline,  and  management  of  each  school,  at  least 
once  in  each  term.  It  shall  report  to  the  governor  annually,  on  or  before 
December  1,  the  condition,  wants,  and  prospects  of  each  school,  with  recom- 
mendations for  its  improvement.     (3843) 

1442.  Report  to  state  superintendent — The  president  of  each  normal  school 
shall  make  an  annual  written  report  to  the  .state  superintendent,  on  or  before 
September  1,  covering  {.he  term  year  of  his  school,  and  setting  forth  its  general 
statistics,  enrolment  in  each  department  and  in  each  class  of  the  normal  de- 
partment, average  attendance,  the  number  graduating  within  the  year,  the 
number  of  teachers,  the  departments  of  each,  and  the  general  condition  of  its 
buildings,  library,  and  apparatus,  the  number  and  names  of  ail  graduates  then 
engaged  in  teaching,  as  far  as  known  to  him,  and  the  district  or  county  in  which 
each  is  teaching,  and  such  other  matters  and  suggestions  as  he  may  deem  of 
interest  to  the  public,  or  conducive  to  the  good  of  the  school.     (3843) 

1443.  Compensation  of  board — The  directors  shall  be  reimbursed  for  their 
actual  expenses  while  engaged  in  duty  for  the  normal  schools  out  of  the 
current  funds  belonging  to  such  schools.     (3849) 

1444.  Standing  appropriation — The  following  sums  are  hereby  appro- 
priated annually  from  the  state  treasury  for  current  expense  and  maintenance 
of  the  normal  schools:  At  St.  Cloud,  twenty-two  thousand  dollars;  at 
Winona,  twenty-four  thousand  dollars;  at  Mankato,  twenty-four  thousand 
dollars;  at  Moorhead,  sixteen  thousand  dollars.  r  - 


COMPULSORY  EDUCATION 


*j    / 


1445.  Children  to  be  sent  to  school — EveryvDersop^having  under  his  con- 
trol a  child  between  the  ages  of  eight  and  sjxl5£n/years  shall  send  him  to 
some  school  in  which  the  common  English  branches  are  taught  during  the 
entire  time  the  public  schools  of  the  district  in  which  he  lives  are  taught, 
unless  such  attendance  is  excused  in  whole  or  in  part  by  the  school  board  or 
board  of  education  of  such  district,  as  hereinafter  provided.     ('99  c.  226  s.  1) 

See  1905  c. 265  ' 

1446.  Excusing  attendance — Such  board  may  excuse  such  attendance  when 
satisfied — 

1.  That  the  child  is  in  such  bodily  or  mental  condition  as  to  prevent  his 
attendance  at  school  or  application  to  study  for  the  period  required. 

2.  That  he  is  properly  taught  at  home  or  elsewhere  in  the  common  branches. 

3.  That  he  has  already  acquired  such  branches. 

4.  That  he  is  engaged  in  some  useful  occupation. 

5.  That  there  is  no  public  school  within  reasonable  distance  of  his  residence. 

6.  That  such  person  is  unable,  on  account  of  poverty,  to  properly  clothe 
such  child.     ('99  c.  226  s.  1) 

See  1905  c.  265 

1447.  Duties  of  chairman — The  chairman  of  each  school  board  shall  in- 
vestigate all  cases  of  violation  of  the  provisions  of  §§  1445,  1446,  and  secure 
prosecutions  therefor  when  proper.  Any  such  officer  neglecting  to  secure 
such  prosecution  within  ten  days  after  service  on  him  by  any  taxpayer  of  the 
district  of  written  notice  of  such  offence,  unless  the  person  complained  of 

287 


/  *£t 


§  1148  EDUCATION  [Ch.  14 

is  legally  excused,  shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars.     (3780) 

1448.  Truant  officers — The  board  of  any  district  may  appoint  and  remove 
at  pleasure  truant  officers,  who  shall  investigate  all  cases  of  truancy  or  non- 
attendance  at  school,  make  complaints,  serve  notices  and  process,  and  attend 
to  the  enforcement  of  all  laws  and  school  regulations  respecting  truant,  in- 
corrigible, and  disorderly  children,  and  school  attendance.  Whenever  any 
truant  officer  learns  of  any  case  of  habitual  truancy  or  continued  non-attend- 
ance of  any  child  hereby  required  to  attend  school,  he  shall  immediately  notify 
the  person  having  control  of  such  child  to  forthwith  send  to  and  keep  him  in 
school.  He  may  arrest  without  warrant  and  take  to  school  any  such  child, 
and  shall  act  under  the  general  supervision  of  the  board,  or,  when  directed 
by  the  board,  under  that  of  the  city  or  district  superintendent.  Such  officers 
shall  receive  a  salary,  fixed  by  the  board  appointing  them,  but  no  fees.  ('99 
c.  226  s.  2;  '01  c.  156) 

1449.  Truant  schools — Such  board  may  maintain  ungraded  schools  for  the 
instruction  of  children  of  the  following  classes,  between  eight  and  sixteen 
years  of  age : 

1.  Habitual  truants. 

2.  Those  incorrigible,  vicious,  or  immoral  in  conduct. 

3.  Those  who  habitually  wander  about  the  streets  or  other  public  places 
during  school  hours,  without  lawful  employment. 

All  such  children  shall  be  deemed  disorderly,  and  the  board  may  compel 
their  attendance  at  such  truant  school,  or  any  department  of  the  public  schools, 
as  the  board  may  determine.     ('99  c.  226  s.  3) 

1450.  Commitment  to  state  training  school — Whenever  the  board  de- 
termines that  the  foregoing  provisions  have  been  found  inadequate  to  secure 
the  attendance  at  school  of  any  such  disorderly  child,  or  that  he  is  beyond 
proper  control  in  the  truant  or  other  school  to  which  he  has  been  assigned,  it 
shall  direct  the  truant  officer  to  make  complaint  to  a  court  or  magistrate 
having  jurisdiction  over  misdemeanors  in  such  district  or  city.  Such  court 
or  magistrate  shall  thereupon  issue  a  warrant  for  the  arrest  of  such  child, 
and  proceed  to  a  hearing  on  such  complaint,  and  if,  upon  such  hearing,  the 
court  or  magistrate  shall  decide  that  such  child  is  disorderly  and  beyond  the 
proper  control  of  the  schools  of  the  district,  and  under  sixteen  years  of  age, 
he  shall  sentence  him  to  the  state  training  school;  but  in  case  of  a  first  con- 
viction the  court,  in  its  discretion,  may  suspend  the  sentence.  ('99  c.  226 
s.  4;  '01  c.  156  s.  2) 

1451.  Penalty — Any  person  who  shall  fail  or  refuse  to  send  to  or  keep  in 
school  any  child  of  whom  he  has  legal  charge  or  control,  and  who  is  required 
by  law  to  attend  school,  when  notified  by  a  truant  officer  so  to  do,  and  any 
person  who  induces  or  attempts  to  induce  any  such  child  unlawfully  to  absent 
himself  from  school,  or  who  knowingly  harbors  or  employs,  while  school  is 
in  session,  any  child  unlawfully  absent  from  school,  shall  be  guilty. of  a  mis- 
demeanor, and  shall  be  punished  by  a  fine  of  not  to  exceed  fifty  dollars,  or 
by  imprisonment  in  the  county  jail  for  not  more  than  thirty  days.  All  such 
fines,  when  collected,  shall  be  paid  into  the  county  treasury  for  the  benefit  of 
the  school  district  in  which  such  offence  is  committed.  ('99  c.  226  s.  5; 
'01  c.  156  s.  2) 

FARMERS'  INSTITUTES 

1452.  Board  of  administration — Superintendent — The  board  of  adminis- 
tration of  farmers'  institutes  shall  consist  of  six  members,  three  of  whom 
shall  be  regents  of  the  university,  selected  by  and  holding  office  at  the  pleasure 
of  the  board  of  regents,  and  the  remaining  three,  at  the  time  of  their  taking 
office,  shall  be  the  presidents,  respectively,  of  the  state  agricultural  society, 
the  state  dairy  association,  and  the  state  horticultural  society;  and  they  shall 
serve  for  three  years,  and  until  their  successors  qualify.  When  the  term  of 
any  of  the  last  three  mentioned  members  expires,  he  shall  be  succeeded  on 
the  board  by  the  person  then  president  of  the  organization  through  which  he 
became  a  member.     The  board  shall  elect  from  among  its  number  a  president 

288 


Ch.  14]  EDUCATION  §  1453 

and  a  secretary,  and  from  outside  its  number  a  superintendent,  whose  term 
of  office  shall  be  two  years,  but  who  may  be  removed  at  the  pleasure  of  the 
board.  He  shall  receive  a  salary  of  fifteen  hundred  dollars  per  year,  and 
his  expenses  necessarily  incurred  in  the  performance  of  his  duties.  ('03  c.  221 
ss.  4,  5,  6,  9) 

1453.  Duties  of  the  board — The  board  shall  arrange  the  institute  circuits 
to  be  held  annually,  determine  where  and  when  the  institutes  shall  be  held, 
audit  the  accounts  of  the  superintendent  at  the  close  of  each  fiscal  year,  such 
auditing  to  be  final,  and  file  them  with  the  state  auditor,  and  publish  annually 
a  handbook  of  practical  agriculture,  entitled  "Farmers'  Institute  Annual," 
for  free  distribution  among  the  farmers  of  the  state.  The  expense  of  this 
publication  shall  be  met  from  the  annual  appropriation  hereinafter  made. 
('03  c.  221  ss.  7,  10,  11) 

1454.  Institutes,  their  character  and  object — The  dissemination  of  practical 
knowledge  concerning  agriculture,  horticulture,  and  stock  and  dairy  farming 
shall  be  the  sole  objects  of  the  institutes.  They  shall  be  held  at  times  and 
places  most  convenient  to  the  farmers,  and  each  meeting  shall  occupy  from 
one  to  three  days,  with  sessions  mornings,  afternoons,  and,  when  practicable, 
evenings.  All  sessions  shall  be  free  and  public,  and  shall  consist  of  practical 
lectures  on  subjects  pertaining  to  farm  and  home,  with  addresses,  discussions, 
and  illustrations  of  methods  adapted  to  our  agriculture.     ('03  c.  221  s.  12) 

1455.  Superintendent's  duties — The  superintendent  shall  assist  the  board 
in  arranging  institute  circuits,  superintend  the  several  institutes,  engage  in- 
structors therefor,  examine  all  bills  for  expenses  and  services  payable  out  of 
appropriations  for  such  purposes,  and  at  the  end  of  each  fiscal  year  make  a 
detailed  report  to  the  board  of  all  institutes  held  under  his  direction,  including 
therein  the  items  of  such  expenses  and  services.     ('03  c.  221  ss.  7,  8) 

1456.  Standing  appropriation — The  sum  of  eighteen  thousand  dollars  is 
hereby  annually  appropriated  for  the  purposes  of  such  institutes.  No  warrant 
shall  be  issued  for  such  purpose  unless  the  claim  be  approved  by  the  super- 
intendent and  by  the  president  of  the  board.  The  average  cost  of  the  in- 
stitutes for  the  necessary  traveling  expenses  and  board  of  the  instructors,  and 
their  compensation,  shall  not  exceed  one  hundred  and  fifty  dollars,  the  ex- 
penses incurred  in  preliminary  work  not  included:  No  money  shall  be  spent 
for  hall  rent,  fuel,  lights,  local  advertising,  or  for  the  compensation  of  in- 
structors other  than  those  regularly  employed.  Expenses  as  allowed  in  this 
chapter  for  carrying  on  the  institute  work  of  the  board,  when  made  prior  to 
August  1  in  any  calendar  year  when  the  legislative  appropriation  for  said 
year  has  been  exhausted,  may  be  paid  from  an  appropriation  already  made 
and  to  become  due  on  said  August  1,  and  shall  not  be  construed  as  creating 

•  a  deficiency.     ('03  c.  221  ss.  1-3,  9) 

ACTIONS  AND  JUDGMENTS 

1457.  Actions  by  districts — Any  school  board  may  prosecute  actions  in 
the  name  of  the  district  in  the  following  cases: 

1.  On  a  contract  made  with  the  district,  or  with  the  board  in  its  official 
capacity; 

2.  To  enforce  a  liability,  or  a  duty  enjoined  by  law,  in  its  favor  or  in  favor 
of  the  district; 

3.  To  recover  a  penalty  or  forfeiture  given  by  law  to  it  or  to  the  district;  or 

4.  To  recover  damages  for  an  injury  to  the  rights  or  property  of  the  district. 
(3817) 

1458.  Actions  against  districts — An  action  may  be  brought  against  any 
school  district,  either  upon  a  contract  made  with  the  district  or  its  board,  in 
its  official  capacity,  and  within  the  scope  of  its  authority,  or  for  an  injury 
to  the  rights  of  the  plaintiff  arising  from  some  act  or  omission  of  such  board, 
whether  the  members  of  the  board  making  the  contract,  or  guilty  of  the  act 
or  omission  complained  of,  be  still  in  office  or  not.     (3818) 

35-309,  29+135;  49-106,  51+814;  54-385,  55+1112;  79-14,  81+533;  82-516,  85+518;  91-41, 
97+416;  93-409, 101+952. 

—19  289 


§  1459  EDUCATION  [Ch.  14 

1459.  Judgment  paid  by  treasurer — Except  as  hereinafter  provided,  no 
execution  shall  issue  upon  any  judgment  against  a  school  district  for  the  re- 
covery of  money.  Unless  the  same  be  stayed  by  appeal,  the  treasurer  shall 
pay  such  judgment,  upon  presentation  of  a  certified  copy  thereof,  if  he  has 
sufficient  money  of  the  district  not  otherwise  appropriated.  If  he  fails  to 
do  so,  he  shall  be  personally  liable  for  the  amount,  unless  the  collection  be 
afterward  stayed.     (3820) 

39-298,  300,  39+801;  43-495,  45+1097. 

1460.  Failure  to  pay — Tax  levy — If  such  judgment  is  not  satisfied,  or 
stayed  by  appeal  or  otherwise,  before  the  next  annual  meeting  of  the  district, 
a  certified  copy  thereof  may  be  presented  at  its  annual  meeting,  whereupon 
the  district  shall  cause  the  amount  of  the  judgment,  with  interest,  to  be  added 
to  the  tax  of  said  district.  If  such  tax  is  not  levied  and  certified  to  the  county 
auditor  on  or  before  October  1  next  after  presentation  as  aforesaid,  a  certified 
copy  thereof  may  be  filed  with  such  auditor  at  any  time  before  he  has  extended 
the  tax  of  such  district,  with  an  affidavit  showing  the  amount  remaining  un- 
paid thereon,  and  the  fact  of  such  presentation  to  the  district.  Thereupon 
the  auditor  shall  at  once  levy  and  extend  such  amount  as  a  tax  upon  the 
property  taxable  within  the  district.  (3821,  3822) 

1461.  When  execution  may  issue — If  the  judgment  is  not  paid  within  thirty- 
days  after  the  time  when  the  proceeds  of  such  levy  become  payable  by  the 
county  treasurer  of  the  district,  execution  may  be  issued  thereon,  to  which 
any  property  belonging  to  the  district  shall  be  liable.     (3823) 

1462.  Action  when  trustees  resign,  etc. — In  case  the  trustees  of  any  school 
district  which  has  contracted  an  indebtedness  shall  remove  or  resign,  and 
none  are  elected  or  appointed  in  their  stead,  an  action  to  recover  such  in- 
debtedness may  be  begun  by  service  of  the  summons  upon  the  county  auditor, 
and  any  taxpayer  of  the  district  may  defend  such  action  in  its  behalf,  or  the 
auditor  may  be  required  by  the  voters  of  the  district  to  defend  the  same  upon 
being  indemnified  against  the  costs  and  expenses  of  such  defence.  (3824— 
3827) 

1463.  Judgment,  how  satisfied — If  judgment  is  recovered  in  any  such 
action,  the  auditor,  upon  a  certified  copy  thereof  being  filed  with  him,  shall 
levy  and  extend  upon  and  against  the  property  taxable  within  the  district  an 
amount  sufficient  to  pay  the  same,  with  interest.  When  such  tax,  or  any  part 
thereof,  is  collected,  the  county  treasurer  shall  pay  the  same  to  the  holder 
of  the  judgment  until  it  is  satisfied  in  full.  And  for  this  purpose  the  treasurer 
may  use  any  money  coming  into  his  hands  from  taxes  levied  prior  to  the  judg- 
ment for  the  payment  of  the  same  indebtedness.     (3828,  3829) 

STATE  ART  SOCIETY 

1464.  Objects — Membership — Reports — The  Minnesota  state  art  society- 
shall  advance  the  interests  of  the  fine  arts,  develop  the  influence  of  art  in 
education,  and  foster  its  introduction  into  manufactures,  and  all  moneys  and 
property  received  by  it  shall  be  devoted  solely  to  those  ends.  The  society 
shall  have  a  seal,  and  shall  report  in  writing  annually  to  the  governor.  Its 
membership  shall  consist  of  a  governing  board  and  of  honorary,  life,  and 
annual  members,  to  all  of  whom  certificates  of  membership  shall  be  issued. 
No  member  shall  receive  compensation  as  such.  A  suitable  room  in  the 
capitol  shall  be  furnished  to  the  society  for  its  meetings  and  as  a  depository 
for  its  property.  The  works  of  art  acquired  by  the  society  shall  be  the 
property  of  the  state.     ('03  c.  119  ss.  1,  4,  6,  7,  14,  17,  19,  20) 

1465.  Governing  board — The  governing  board  of  the  society  shall  consist 
of  the  governor  and  the  president  of  the  state  university,  as  ex  officio  mem- 
bers, and  seven  other  members,  appointed  by  the  governor  by  and  with  the 
advice  and  consent  of  the  senate,  each  for  the  term  of  four  years  and  until 
his  successor  qualifies.  Included  among  such  appointees  there  shall  at  all 
times  be  four  artists  or  connoisseurs  of  art,  one  architect,  one  person  prom- 
inently identified  with  education,  and  one  directly  interested  in  manufactures. 
The  art  workers'  guild  of  St.  Paul,  the  fine  arts  society  of  Minneapolis,  and 

290 


Ch.  14]  EDUCATION  §  1466 

the  art  committee  of  the  Minnesota  federation  of  women's  clubs  may  sub- 
mit lists  of  names  to  the  governor  from  which  he  may  make  these  appoint- 
ments. Vacancies  shall  be  filled,  within  one  month,  by  like  appointment 
for  the  unexpired  terms,  from  the  classes  to  which  the  retiring  members  be- 
longed.    ('03  c.  1,19  ss.  2-4) 

1466.  Organization,  powers  and  duties — The  board  shall  elect  a  president, 
a  vice-president,  a  secretary  and  a  treasurer,  who  shall  also  be  such  officers 
of  the  society;  the  last  two  offices  may  be  held  by  the  same  person.  Four 
members  shall  constitute  a  quorum.  The  board  may  adopt  by-laws  and  rules 
for  the  transaction  of  its  business  and  the  government  of  the  society,  hold  and 
manage  its  gifts,  bequests,  and  property,  and  do  all  things  necessary  to  the 
performance  of  the  duties  prescribed  in  this  subdivision.  It  may  confer  prizes, 
mentions,  medals,  and  diplomas  for  works  of  art  in  painting,  sculpture,  archi- 
tecture, and  manufacture  when  in  competition  under  its  rules ;  and  it  shall 
act  as  an  advisory  committee  in  the  selection  of  works  of  art  purchased  by 
the  state,  and  of  designs  for  state  public  buildings.     ('03  c.  119  ss.  5,  6,  18) 

1467.  Membership — When  the  board  shall  approve  of  any  work  of  art, 
its  author,  upon  payment  of  a  fee  of  one  hundred  dollars,  or  upon  presenta- 
tion of  the  work  to  the  society,  shall  be  entitled  to  honorary  membership 
therein.  Upon  recommendation  of  the  governor,  or  of  four  members  of  the 
board,  or  of  four  honorary  members  of  the  society,  and  the  payment  of  a  fee 
of  one  hundred  dollars,  any  person,  if  elected  by  the  society,  shall  be  entitled 
to  life  membership  therein.  Upon  recommendation  of  a  member  of  the 
board,  or  of  an  honorary  member,  and  the  payment  of  a  fee  of  two  dollars, 
any  person,  if  elected  by  the  society,  shall  be  entitled  to  annual  membership 
therein.     ('03  c.  119  ss.  8-10) 

1468.  Standing  committees — Powers  and  general  duties — The  following 
committees,  of  three  members  each,  shall  be  appointed  by  the  board  from 
among  its  appointed  members:  (1)  An  art  lectureship  committee,  which 
shall  provide  an  annual  course  of  lectures  on  art  or  kindred  subjects,  to  be 
delivered  in  whole  or  in  part  before  the  students  of  the  state  university,  the 
agricultural  school,  the  normal  schools  in  turn,  and  the  state  teachers'  associa- 
tion ;  this  committee  shall  advise  with  the  officers  of  state  educational  institu- 
tions and  superintendents  of  public  schools  as  to  courses  in  drawing,  design, 
and  art;  (2)  an  exhibition  committee,  consisti-ng  of  artists  or  judges  of  art, 
who  shall,  provide  an  annual  art  exhibit,  no  two  of  which  shall  be  held  suc- 
cessively in  the  same  city,  of  paintings,  sculpture,  drawings,  carvings,  pottery, 
tiling,  cabinet  work,  wrought  metal  designs,  exhibits  of  textile  fabrics,  and 
all  art  craft  which  in  the  judgment  of  the  society  tends  to  enhance  the  beauty 
and  value  of  home  manufactures ;  and  (3)  an  art  collection  committee,  which 
shall  take  charge  of  all  works  of  art  acquired  by  the  society,  and  which,  upon 
consent  of  the  board,  may  purchase  works  of  art  whenever  there  shall  be  a 
sufficient  surplus  in  the  treasury,  and  may  lend  any  or  all  of  such  collection 
in  different  parts  of  the  state,  according  to  the  rules  of  the  board.  ('03  c.  119 
ss.  11-13,  15-17) 

1469.  Annual  exhibit — At  each  annual  exhibit  prizes  shall  be  offered  out 
of  any  moneys  appropriated  therefor  to  an  amount  determined  by  the  board 
for  the  best  original  work  done  by  a  citizen  of  the  state.  Such  prizes  shall 
be  given  for  paintings,  sculptures,  decorative  designs,  architectural  drawings 
or  models,  and  manufacturing  designs  or  products.  No  work  of  art  shall  be 
exhibited  unless  it  has  been  accepted  by  the  exhibition  committee.  No  mem- 
ber of  such  committee,  and  no  relative  by  blood  or  marriage  of  any  such 
member,  shall  be  eligible  to  any  such  prize.     ('03  c.  119,  ss.  12,  16,  17) 

STATE  UNIVERSITY 

1470.  Board  of  regents — The  government  and  general  educational  man- 
agement of  the  state  university  is  vested  in  a  board  of  twelve  regents,  con- 
sisting of  the  governor,  the  state  superintendent,  the  president  of  the  uni- 
versity, ex  officio,  and  nine  other  regents  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate.     Such  board  shall  be  a  body  cor- 

291 


§   1471  EDUCATION  [Cll.  14 

porate  under  the  name  of  the  "University  of  Minnesota."     It  shall  have  a 
common  seal,  and  alter  the  same  at  pleasure.     (3904,  3905) 

See  1905  c.  119 

1471.  Term  of  office — Vacancies — The  term  of  office  of  the  regents  shall 
be  six  years,  and  until  their  successors  qualify,  beginning  on  the  first  Wednes- 
day in  March  succeeding  their  appointment.  Any  appointment  to  fill  a 
vacancy  shall  be  for  the  unexpired  term.     (3905) 

1472.  Officers — Meetings — Bonds — The  board  shall  elect  one  of  its  mem- 
bers as  president,  and  also  a  recording  secretary  and  treasurer,  neither  of 
whom  may  be  a  regent,  and  in  its  discretion  it  may  elect  a  vice-president. 
They  shall  hold  office  during  the  pleasure  of  the  board.  The  annual  meeting 
shall  be  held  on  the  second  Tuesday  in  December.  Such  special  meetings 
may  be  held  as  the  board  may  direct.  Before  entering  upon  the  duties  of 
his  office,  the  president  shall  file  with  the  secretary  of  state  a  bond  to  the 
state  in  the  sum  of  ten  thousand  dollars,  and  the  treasurer  a  bond  in  the  sum 
of  fifty  thousand  dollars,  both  to  be  approved  by  the  governor,  conditioned 
for  the  faithful  performance  of  the  duties  of  their  respective  offices.  (3906, 
3907,  3911) 

1473.  Duties  of  board — The  board  shall  enact  by-laws  for  the  educational 
government  of  the  university,  and  shall  elect  proper  professors,  including  a 
professor  in  Scandinavian  language  and  literature,  teachers,  officers,  and  em- 
ployees, and  fix  their  salaries  and  terms  of  office,  determine  the  moral  and 
educational  qualifications  of  applicants  for  admission,  prescribe  text-books  and 
authorities  and  courses  of  study,  and,  in  their  discretion,  confer  such  degrees 
and  diplomas  as  are  usual  in  universities.  It  shall  have  supervision  and  con- 
trol of  the  agricultural  experiment  station,  and  of  the  experimental  tree 
station,  and,  with  the  advice  of  the  president  and  secretary  of  the  state  horti- 
cultural society,  shall  appoint  a  superintendent  of  such  tree  station,  who  shall 
report  to  the  board  as  it  may  direct,  and  to  such  society  annually  in  person  at 
its  winter  meeting.     (3907,  3915,  3918) 

1474.  Surveys  and  reports — It  shall  continue  until  completed  all  surveys 
and  statistics  as  now  provided  by  law,  and  make  annual  reports  thereof  to 
the  governor,  on  or  before  the  second  Tuesday  in  December,  showing  the 
progress  of  the  work,  with  necessary  and  proper  maps,  drawings,  and  speci- 
fications, and  shall  lay  the  same  before  the  legislature.  Upon  the  completion 
of  any  separate  portion  of  such  surveys,  it  shall  prepare  a  final  report,  em- 
bodying all  important  matters  relating  to  such  portion,  and  submit  the  same 
in  like  manner,  and,  upon  final  completion  of  any  survey,  shall  in  like  manner 
make  a  final  report  thereof.     (3928,  3929,  3934,  3935,  3946,  3954) 

1475.  Specimens — The  board  shall  cause  proper  collections,  skillfully  pre- 
pared, secured,  and  labeled,  of  all  specimens  discovered  or  examined  in  such 
surveys,  to  be  preserved  in  the  university,  in  convenient  rooms,  and  in  charge 
of  a  scientific  curator,  for  free  public  inspection.  It  shall  also  prepare  dupli- 
cate collections  for  each  state  normal  school,  and  for  exchange  with  the 
Smithsonian  Institution  and  with  other  universities  and  scientific  institu- 
tions.    (3937) 

1476.  Report  of  board — On  or  before  the  second  Tuesday  in  December, 
the  board  shall  make  an  annual  report  to  the  governor,  showing  in  detail  the 
progress  and  condition  of  the  university  during  the  preceding  university  year, 
its  wants,  the  nature,  cost,  and  result  of  all  improvements,  experiments  and 
investigations,  the  number  and  names  of  professors,  teachers,  and  students 
in  each  department,  the  amount  of  money  received  and  disbursed,  and  such 
other  matters,  including  industrial  and  economic  statistics,  as  it  may  deem 
important.  A  copy  of  such  report  shall  be  transmitted  to  each  college  or 
universitv  endowed  by  act  of  Congress,  and  to  the  secretary  of  the  interior. 
(3921) 

1477.  Power  to  accept  bequests,  etc. — The  University  of  Minnesota  may 
accept,  in  trust  or  otherwise,  any  gift,  grant,  bequest,  or  devise  for  educational 
purposes,  and  may  hold,  manage,  invest,  and  dispose  of  the  same,  and  the 
proceeds  and  income  thereof,  in  accordance  with  the  terms  and  conditions  of 

292 


Ch.  14]  .  EDUCATION  §  1478 

such  gift,  grant,  bequest,  or  devise,  and  of  the  acceptance  thi.**ci;  and  any 
person  or  persons  contributing  not  less  than  fifty  thousand  dollars  to  the  uni- 
versity may  endow  a  professorship  therein,  the  name  and  object  of  which  shall 
be  determined  by  the  board.     (3912 ;  '97  c.  102 ;  '03  c.  145) 

See  1905  c 187 

1478.  Funds  to  be  deposited  in  state  treasury — All  such  gifts,  grants, 
bequests,  and  devises,  and  the  proceeds  and  income  therefrom,  and  all 
securities  pertaining  thereto,  shall  be  deposited  in  the  state  treasury  for  the 
use  of  the  university,  and  subject  to  its  order.     ('03  c.  145) 

1479.  Organization — The  university  shall  comprise:  (1)  A  college  of 
science,  literature  and  arts;  (2)  a  college  of  agriculture,  including  military 
tactics;  (3)  a  college  of  mechanic  arts;  (4)  a  college  or  department  of  law; 
(5)  a  college  or  department  of  medicine;  (6)  a  college  or  department  of 
dentistry.     (3903)  See  1905  cc.  120,  132 

1480.  Sectarian  instruction  prohibited — In  the  selection  of  professors,  in- 
structors, officers  and  assistants  of  the  university,  in  the  studies  and  exercises, 
and  in  the  management  and  government  thereof,  no  partiality  or  preference 
shall  be  shown  on  account  of  political  or  religious  belief  or  opinion,  nor  shall 
anything  sectarian  be  taught  therein.     (3907) 

1481.  Duties  of  president — The  president  of  the  university  shall  be  presi- 
dent of  the  general  faculty  and  of  the  faculties  of  the  several  colleges  or  de- 
partments, and  the  executive  head  of  the  university  in  all  its  departments. 
Subject  to  the  board  of  regents,  he  shall  give  general  direction  to  the  practical 
affairs  and  scientific  investigations  of  the  university,  and,  in  the  recess  of  the 
board,  may  remove  any  employee  or  subordinate  officer,  not  a  member  of  the 
faculty,  and  supply  for  the  time  any  vacancy  among  such  employees  and 
officers.  He  shall  be  ex  officio  corresponding  secretary  of  the  board  of  regents, 
and  may  be  charged  with  the  duties  of  one  of  the  professorships.     (3922) 

1482.  Reports  of  president — On  or  before  the  second  Tuesday  in  December 
of  each  year,  he  shall  make  a  report  to  the  state  superintendent,  showing  in 
detail  the  progress  and  condition  of  the  university  during  the  previous  uni- 
versity year,  the  number  of  professors  and  students  in  each  department,  and 
such  other  matters  relating  to  the  educational  work  of  the  institution  as  he 
shall  deem  useful,  or  as  the  state  superintendent  may  require.  He  shall  also 
at  the  same  time  report  to  the  board  of  regents  the  progress  and  condition 
of  the  university  during  the  same  time,  the  nature  and  results  of  all  important 
experiments  and  investigations,  and  such  other  matters,  including  industrial 
and  economic  facts  and  statistics,  as  he  may  deem  useful,  or  as  such  board 
may  require.     (3922) 

1483.  Standing  appropriation — There  is  hereby  annually  appropriated  for 
the  general  maintenance  of  the  university: 

1.  The  interest  and  income  of  the  permanent  university  fund,  arising  from 
the  sale  of  lands  granted  to  the  state  by  act  of  Congress  entitled  "An  act 
donating  lands  to  the  several  states  and  territories  which  may  provide  colleges 
for  the  bene'fit  of  agriculture  and  the  mechanic  arts,"  approved  July  2,  1862, 
or  from  any  other  source. 

2.  The  proceeds  of  twenty-three  one-hundredths  mills  on  the  dollar  of  the 
state  school  tax. 

The  lands  granted  by  the  general  government  to  the  state  to  aid  in  the  de- 
velopment of  brines,  and  known  as  the  state  salt  lands,  and  those  granted  by 
an  act  of  Congress  entitled  "An  act  granting  lands  to  the  state  of  Minnesota 
in  lieu  of  certain  lands  heretofore  granted  to  said  state,"  approved  March  3, 
1879,  and  the  funds  arising  from  their  sale,  are  hereby  appropriated  for  the 
completion  of  the  geological  and  natural  history  survey.  (3768,  3910,  3948, 
3949 ;  '97  c.  75) 

1484.  Same — School  of  mines — The  following  sums  are  hereby  appro- 
priated annually,  out  of  the  state  treasury:  For  the  support  of  the  school 
df  mines  of  the  state  university,  five  thousand  dollars.  For  the  salaries  of 
instructors  in  said  school  of  mines  and  for  the  salary  of  a  professor  of  electrical 
engineering  in  said  university,  forty-five  hundred  dollars.     (7973;  '95  c.  378) 

293 


SESSION  LAWS  OF   1905 

Relating  to  Education 


CHAPTER  8 


Loaning  of  School  and  University  Funds 
Section  1.     That  section  seven  (7)  of  chapter  eighty-three  (83)  of  the  Gen- 
eral Laws  of  Minnesota  for  the  year  1897,  be  and  the  same  is  hereby  amended 
so  as  to  read  as  follows: 

Section  7.  No  loan  shall  be  made  which  with  all  other  indebtedness  shall 
exceed  the  sum  of  fifteen  per  cent.  (15%)  of  the  assessed  valuation  of  the 
taxable  real  property  of  such  county,  school  district,  city,  village  or  township, 
nor  until  the  county,  school  district,  city,  village  or  township  shall  have  been 
authorized  to  issue  bonds  therefor  in  accordance  with  the  provisions  of  law 
applicable  thereto.  No  loan  shall  be  made  for  a  shorter  period  than  five 
years,  nor  for  a  longer  period  than  twenty  years.  No  change  of  boundary 
lines  shall  in  any  way  relieve  such  county,  school  district,  city,  village  or 
township  from  any  liability  for  taxation  to  pay  such  bonds. 

CHAPTER  25 

Relating  to  Public  Schools  in  School  Districts  of  not  Less  than  20,000  In- 
habitants, nor  More  than  50,000  Inhabitants,  and  to  Provide  Funds  There- 
for. 

Section  1.  School  districts  now  or  hereafter  having  not  less  than  20,000 
inhabitants,  nor  more  than  50,000  inhabitants,  are  hereby  empowered  to  an- 
nually levy  for  general  schcfol  purposes  a  general  school  tax  not  exceeding 
nine  mills  on  the  dollar  of  the  valuation  of  all  taxable  property  in  such  school 
district,  according  to  the  last  preceding  official  assessment  thereof. 

CHAPTER  46 
School  District  Boundaries 

Section  1.  That  whenever  two  or  more  incorporated  villages  are  included 
within  one  school  district  which  includes  less  than  twelve  sections  of  land, 
the  boundaries  of  such  district  may  be  enlarged  to  include  not  less  than 
twelve  sections  of  contiguous  territory. 

Sec.  2.  Whenever  two-thirds  of  the  legal  voters  residing  within  any  such 
school  district  shall  petition  the  board  of  county  commissioners  of  the  county 
wherein  such  district  is  situated,  for  an  enlargement  of  such  district,  and  shall 
file  said  petition  with  the  auditor  of  said  county,  it  shall  be  the^duty  of  the 
board  of  county  commissioners,  at  its  next  regular  or  special  meeting,  to  set 
a  time  and  place  for  a  hearing  upon  it,  and  shall  cause  a  copy  of  a  notice  of 
such  hearing  to  be  posted  in  some  public  place  in  each  district  to  be  affected 

295 


296  EDUCATION 

by  such  proposed  change,  and  a  copy  thereof  to  be  served  upon  the  clerk  of 
each  of  such  districts  at  least  ten  days  before  the  time  appointed  for  such 
hearing".  The  posting  of  such  copy  of  notice  shall  be  verified  by  the  affidavit 
of  the. person  posting  the  same,  which  said  affidavit  shall  state  the  time  and 
place  of  posting,  and  the  serving  of  said  copy  of  notice  upon  the  clerk  of  each 
district  shall  be  verified  by  the  certificate  of  the  county  auditor. 

Sec.  3.  Upon  filing  proof  of  the  posting  and  service  of  such  notice,  the 
board  of  county  commissioners  shall,  at  the  time  and  place  fixed,  proceed  with 
the  consideration  of  such  matter,  and  shall  hear  all  evidence  offered  by  any 
person  interested,  tending  t6  show  what  territory  should  be  included  within 
said  district,  and,  having  heard  the  evidence,  shall  proceed  to  enlarge  the  said 
school  district  as  provided  for  in  section  one  (1)  of  this  act,  and  to  fix  the 
boundaries  thereof,  and  of  all  remaining  school  districts  thereby  affected,  at- 
taching or  detaching  contiguous  territory  to  or  from  any  of  such  districts,  in 
such  manner  as  in  their  judgment  the  best  interests  of  the  persons  and  dis- 
tricts thereby  affected  may  require. 

CHAPTER  75 

Enables    Educational    Institutions   to    Hold    Bequeathed    Property 

Section  1.  Any  educational  institution  created  or  existing  under  or  by 
virtue  of  any  law  or  laws  of  the  State  of  Minnesota  or  Territory  of  Minnesota, 
is  hereby  authorized  and  empowered  to  take,  hold,  receive  and  enjoy  all 
property  and  money  that  has  heretofore  been  or  may  hereafter  be  given,  be- 
queathed, devised,  conveyed  or  transferred  to  it,  and  to  hold,  use  and  enjoy 
the  profits,  rents  and  income  therefrom,  notwithstanding"  any  limitation  in 
the  laws  or  charters  by  or  under  which  said  educational  institutions  were 
incorporated  or  any  amendments  thereto. 

Sec.  2.     All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

CHAPTER  76 

Legalizing   School  Bonds 

Section  1.  That  all  school  bonds  heretofore  voted  upon  by  any  city  for 
graded  school  buildings  and  additions  to  graded  school  houses,  under  or  pur- 
suant to  the  provisions  of  chapter  204  of  the  General  Laws  of  the  State  of 
Minnesota  for  the  year  one  thousand  eight  hundred  and  ninety-three  I  1893), 
as  amended  by  chapter  128  of  the  General  Laws  of  the  State  of  Minnesota  for 
the  year  one  thousand  eight  hundred  and  ninety-five  (1895),  and  other 
acts  amendatory  thereof,  are  hereby  declared  to  be,  when  issued  and  sold, 
legal  and  binding  obligations  of  said  city ;  providing  that  the  proposition  to 
issue  said  bonds  received  a  two-thirds  majority  of  all  votes  cast  upon  the 
proposition  to  issue  said  bonds  at  the  election  when  said  proposition  was  voted 
upon ;  and  provided  further,  that  all  other  requirements  of  law  have  been  fully 
complied  with. 

CHAPTER  77 

Legalizing   School  Bonds 

Section  1.  That  all  school  bonds  heretofore  voted  upon  by  any  city  for 
high  school  buildings  and  additions  to  high  school  houses,  under  or  pursuant 
to  the  provisions  of  chapter  204  of  the  General  Laws  of  the  State  of  Minnesota 
for  the  year  one  thousand  eight  hundred  and  ninety-three  (1893),  as  amended 
by  chapter  128  of  the  General  Laws  of  the  State  of  Minnesota  for  the  year  one 
thousand  eight  hundred  and  ninety-five  (1895),  and  other  acts  amendatory 
thereof,  are  hereby  declared  to  be,  when  issued  and  sold,  legal  and  binding 
obligations.of  said  city ;  provided,  that  the  proposition  to  issue  said  bonds 
received  a  two-thirds  majority  of  all  votes  cast  upon  the  proposition  to  issue 
said  bonds  at  the  election  when  said  proposition  was  voted  upon ;  and  pro- 
vided further,  that  all  other  requirements  of  law  have  been  fully  complied 
with. 


EDUCATION  297 

CHAPTER  119 

This  is  an  act  which  divests  the  state  board  of  control  of  jurisdiction  and 
authority  over  the  state  university  and  the  state  normal  schools,  and  pro- 
vides for  the  management  of  the  state  university  by  the  board  of  regents, 
and  of  the  state  normal  schools  by  the  normal  board.  Its  provisions  will  be 
found  under  chapter  119  of  the  session  laws  of  1905. 

CHAPTER  120 

Department  of  Pedagogy 

Section  1.  That  it  shall  be  the  duty  of  the  board  of  regents  to  organize 
and  establish  in  the  University  of  Minnesota  as  soon  as  practicable  a  teach- 
ers' college,  or  department  of  pedagogy,  for  the  purpose  of  affording  proper 
professional  training  for  those  persons  who  intend  to  become  public  and  high 
school  instructors,  principals  and  superintendents  of  schools. 

CHAPTER  132 

School  of  Agriculture  at  Crookston 

Section  1.  There  shall  be  established  at  or  near  the  city  of  Crookston,  in 
the  county  of  Polk,  under  the  direction  and  educational  supervision  of  the 
board  of  regents  of  the  University  of  Minnesota,  a  school  of  agriculture, 
which  shall  be  a  department  of  the  University  of  Minnesota,  under  such 
name  and  designation  as  the  board  of  regents  may  determine,  and  wherein 
shall  be  taught  such  studies  and  branches  of  learning  as  are  related  to  agri- 
culture and  domestic  economy. 

CHAPTER  137 

Recording  Teachers'  Certificates 

Section  1.  No  person  shall  be  accounted  a  qualified  teacher  in  any  com- 
mon school  district  within  the  meaning  of  the  school  law,  until  such  persom 
has  filed  for  record  with  the  county  superintendent  of  schools  of  the  county 
where  such  person  intends  to  teach,  a  certificate  or  diploma  or  certified  copy 
of  either  authorizing  such  person  to  teach  school  in  such  county. 

Sec.  2.  County  sperintendents  of  schools  shall  record  in  their  office  in  a 
book  provided  by  the  board  of  county  commissioners  for  such  purpose,  all 
material  facts  concerning  teachers'  certificates  and  diplomas  presented  for 
that  purpose  and  shall  certify  to  the  holder  of  such  certificate  or  diploma 
that  such  record  has  been  made. 

CHAPTER  142 

Manner  of  Payment    of  Aid  to  Schools 

Section  1.  The  appropriations  made  by  law  in  aid  of  high  schools,  graded 
schools,  semi-graded  schools  and  rural  or  common  schools  shall  be  paid  in 
the  following  manner:  On  or  before  the  first  (1st)  day  of  October  in  each 
year,  it  shall  be  the  duty  of  the  state  superintendent  of  public  instrution  to 
deliver  to  the  state  auditor  a  certificate  in  duplicate  for  each  class  of  schools 
in  each  county  of  the  state  entitled  to  receive  the  state  aid  expressly  appro- 
priated by  law  for  such  purposes.  Upon  the  receipt  of  such  certificate,  it 
shall  be  the  duty  of  the  state  auditor  to  draw  his  warrant  upon  the  state 
treasurer  in  favor  of  the  county  treasurer  for  the  amount  shown  by  each  cer- 
tificate to  be  due  to  the  several  schools  therein  enumerated. 

The  state  auditor  shall  transmit  such  warrant  or  warrants  to  the  county 
auditor,  together  with  a  copy  of  the  certificate  prepared  by  the  superintendent 
of  public  instruction. 

Sec.  2.  Upon  receipt  by  the  county  auditor  of  the  warrant  and  the  cer- 
tificate as  stated  in  section  one  of  this  act,  it  shall  be  his  duty  to  credit  the 
several  school  districts  with  the  amounts  stated  in  said  certificate,  then 
charging  the  county  treasurer  with  the  aggregate  amount  so  received,  and 
forthwith  deliver  to  the  county  treasurer  the  said  warrant  or  warrants. 


298  EDUCATION 

The  funds  so  credited  to  the  several  school  districts  shall  be  paid  to  the 
treasurers  thereof  in  the  same  manner  now  provided  by  law  for  the  payment 
of  school  funds  to  school  district  treasurers. 

Sec.  3.     All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

CHAPTER  156 

Traveling  Expenses  of  Superintendent  of  Schools  and  Assistants 

Section  1.  In  all  counties  of  this  state  containing  a  population  of  not  less 
than  45,000  and  not  more  than  75,000,  and  in  which  said  counties  there  are 
now  or  shall  hereafter  be  more  than  250  school  districts,  the  county  commis- 
sioners may  allow  and  pay  the  necessary  traveling  expenses  incurred  in  the 
visiting  of  schools  in  such  county  by  the  superintendent  of  schools  and  the 
assistant  superintendent  of  schools  of  said  county,  and  for  necessary  clerk 
hire  in  the  office  of  the  superintendent  of  schools ;  providing  that  in  no  one 
year  shall  the  amount  so  allowed  and  paid  exceed  the  sum  of  $800 ;  provided 
further,  that  bills  for  such  services  and  expenses  shall  be  allowed  and  paid 
from  the  revenue  fund  of  such  county  upon  duly  verified  and  itemized  bills 
as  other  claims  against  such  county  are  paid. 

Sec.  2.  That  this  act  shall  in  no  way  affect  or  modify  the  existing  laws 
regulating  the  salary  and  compensation  of  the  superintendent  of  schools  or 
assistant  superintendent  of  schools  of  such  county. 

CHAPTER  182 

Expenses  for  Superintendent  of  Schools 

Section  1.  That  in  all  counties  in  this  state  where  the  salary  of  the  county 
superintendent  of  schools  does  not  exceed  the  sum  of  fourteen  hundred 
(1,400)  dollars  per  annum,  the  board  of  county  commissioners  is  hereby 
authorized  to  allow  such  superintendent  a  reasonable  sum  for  traveling  ex- 
penses and  expenses  of  keeping  one  team,  but  the  expenses  so  allowed  shall 
not  in  the  aggregate,  exceed  the  sum  of  two  hundred  and  fifty  ($250)  dollars 
in  any  year.  The  provisions  of  this  act  shall  apply  to  counties  where  the 
compensation  of  the  superintendent  is  fixed  by  special  act,  as  well  as  when 
the  same  is  established  by  general  law. 

Sec.  2.  The  county  superintendent  may  hold  county  institutes  for  teach- 
ers in  different  parts  of  the  county  not  to  exceed  five  (5)  such  institutes  in 
any  one  (1)  year,  and  the  county  commissioners  shall  allow  bills  for  per- 
sonal expenses  for  said  county  superintendent  in  holding  such  institutes  not 
to  exceed  the  sum  of  fifty  dollars  ($50.00)  in  any  one  (1)  year. 

Sec.  3.  Nothing  in  this  act  shall  be  construed  to  repeal  chapter  two 
hundred  (200)  of  the  General  Laws  of  Minnesota  for  the  year  1903  or  chapter 
three  hundred  and  ninety-eight  (398)  of  the  General  Laws  of  Minnesota  for 
the  year  1903. 

CHAPTER  183 

Formation  of  School  Districts 

Section  1.  That  the  first  proviso  of  section  one  (1),  chapter  three  hundred 
seventy-one  (371),  of  the  Laws  of  nineteen  hundred  and  one  (1901),  be 
amended  so  as  to  read  as  follows : 

Provided,  that  when  the  territory  of  the  district  or  districts  to  be  affected 
by  such  formation,  alteration,  consolidation  or  setting  off  of  any  freeholder 
from  one  district  and  attaching  him  to  another  consists  of  parts  of  two  or 
more  counties,  the  petition  shall  be  in  duplicate  or  more,  as  the  case  may  be; 
and  one  presented  to  the  commissioners  of  each  of  such  counties,  who  shall 
severally  proceed  to  hear  the  petition  in  the  manner  directed,  that  to  effect  the 
formation,  alteration,  consolidation  or  setting  off  of  any  freeholder  from  one 
district  and  attaching  him  to  another,  in  such  petition  desired,  shall  require 
the  concurrent  action  of  the  commissioners  of  each  of  such  counties.  The 
determination  of  the  commissioners  in  each  county  shall  be  entered  upon  their 
records  in  the  several  counties  by  the   several   county  auditors,   who  shall 


EDUCATION  .  299 

file  the  copies  thereof  with  the  clerks  of  the  districts  affected  thereby  in  their 
respective  counties  in  the  manner  directed,  and  also  with  th  county  auditors 
in  each  of  the  counties  petitioned. 

Provided,  further,  that  whenever  the  territory  of  such  district  in  either  of 
said  counties  has  an  assessed  valuation  of  not  less  than  fifty  thousand 
dollars  ($50,000),  and  has  resident  therein  not  less  than  fifteen  (15)  children 
of  school  age,  the  county  commissioners  of  either  county  may  organize  that 
part  of  such  district  lying  in  their  county  into  a  separate  school  district,  or 
consolidate  the  same  with  an  adjoining  district  in  the  same  county. 

Provided,  that  this  act  shall  only  apply  to  counties  having  a  population  of 
225,000  or  more  and  counties  adjoining  thereto. 

Sec.  2.  That  in  case  any  division  of  a  school  district  is  made  under  this 
act,  the  county  commissioners  of  the  counties  in  which  said  district  is 
situated  shall  divide  and  apportion  property  of  such  district  in  proportion  to 
the  assessed  valuation  thereof. 

CHAPTER  187 

Gifts  and  Grants  to  University 

Section  1.  The  University  of  Minnesota  may  accept,  in  trust  or  otherwise, 
any  gift,  grant,  bequest  or  devise  for  educational  purposes,  and  may  hold, 
manage,  invest  and  dispose  of  the  same  and  the  proceeds  and  income  thereof, 
in  accordance  with  the  terms  and  conditions  of  such  gift,  grant,  bequest  or 
devise,  and  of  the  acceptance  thereof ;  and  any  person  or  persons  contributing 
not  less  than  fifty  thousand  dollars  ($50,000)  to  the  university  may  endow  a 
professorship  therein,  the  name  and  object  of  which  shall  be  determined  by 
the  board  of  regents. 

Sec.  2.  If  the  purposes  of  such  gift,  grant,  devise  or  bequest  are  not  other- 
wise limited  by  the  donor  the  University  of  Minnesota  may  use  the  same  or 
the  proceeds  thereof  for  any  of  the  purposes  of  the  university,  and  may, 
among  other  things,  construct  buildings  and  acquire  land.  In  case  it  is 
desired  to  use  the  same  for  the  acquisition  of  land  the  power  of  eminent 
domain  may  be  exercised  either  in  accordance  with  sections  4085  to  4091, 
inclusive,  General  Statutes  1894,  or  chapter  41  of  the  Revised  Laws  1905. 

CHAPTER  251 
Election  of  Superintendent  of  Schools  in  Special  Districts 

Section  1.  That  the  superintendent  of  schools  of  every  special  district  in 
this  state  in  which  it  is  provided  that  said  superintendent  shall  be  elected 
by  the  board  of  education  of  said  special  district  may  be  elected  at  any  time, 
notwithstanding  any  provision  in  the  charter  or  special  act  under  which  such 
special  district  was  created  which  requires  the  election  of  such  superintend- 
ent to  be  had  at  the  first  meeting  after  the  annual  election  o>f  members  of 
said  board  of  education. 

Sec.  2.  This  act  shall  apply  to  all  school  districts  created  under  a  special 
law  of  the  State  of  Minnesota. 

CHAPTER  265 
Education — Truant  Officer 

Section  1.  That  section  one  (1)  of  chapter  226  of  the  Laws  of  1899  be 
and  the  same  is  hereby  amended  so  as  to  read  as  follows : 

Section  1.  Every  parent,  guardian  or  other  person  who  resides  in  any 
school  district  or  city,  and  who  has  control  of  any  child  or  children  of  or 
between  the  ages  of  eight  and  eighteen  years,  shall  send  such  child  or  chil- 
dren to  a  public,  parochial  or  private  school  in  each  year  during  the  entire 
time  the  public  schools  of  such  district  or  city  are  in  session. 

Provided,  however,  that  such  child  or  children  may  be  excused  from  such 
attendance  for  the  whole  or  any  part  of  such  period  by  the  school  board  or 
board  of  education  of  the  school  district  or  city  in  which  such  parent,  guardian 
or  person  having  control  resides,  upon  its  being  shown  to  the  satisfaction  of 
such  board — 


300  EDUCATION 

(1)  That  such  parent,  guardian  or  other  person  having  control  is  not 
able  by  reason  of  poverty  to  clothe  such  child  properly;  or  (2)  that  such 
child's  bodily  or  mental  condition  is  such  as  to  prevent  his  attendance  at 
school  or  application  to  study  for  the  period  required;  or  (3)  that  such  child 
is  taught  at  home  in  such  branches  of  study  as  are  usually  taught  in  public 
schools,  subject  to  the  same  examination  as  other  pupils  of  such  district  or 
city;  or  (4)  that  such  child  has  already  acquired  the  ordinary  branches 
required  by  law ;  or  (5)  that  such  child  is  actually  engaged  in  some  useful 
•    occupation,  employment  or  service  permitted  by  law. 

CHAPTER  268 

Empowering  Boards  of  Education  in  Incorporated  Cities  Having  over  Fifty 
Thousand  (50,000)  Inhabitants  and  Constituting  Special  or  Independent 
School   Districts  to  Make  Rules  and  Regulations  for  the   Government 
and  Management  of  Schools  and  for  the  Employment  and  Examination 
of  Teachers  Therein 
Section  1.     Boards  of  education  in  incorporated  cities  having  over  fifty 
thousand  (50,000)  inhabitants  and  constituting  special  or  independent  school 
districts  may  employ  superintendents  and  teachers,  and  may  make  rules  and 
regulations  for  the  government  of  schools  and  for  the  employment  and  exami- 
nation of  teachers  and  prescribing  their  powers  and  duties ;  and  prescribing 
the   description,   grading   and   classification   of   scholars   and   their   manage- 
ment and  the  course  of  instruction  and  books  to  be  used  and  other  matters 
pertaining  to  the  government  and  welfare  of  schools. 

Sec.  2.  This  act  shall  not  be  construed  as  modifying  or  attempting  to 
modify  any  charter  adopted  under  and  pursuant  to  section  36,  article  IV, 
of  the  Constitution  of  the  State  of  Minnesota,  as  amended,  and  chapter  351 
of  the  General  Laws  of  1899  and  amendments  thereto. 

CHAPTER  272 
Issuance  of  School  Bonds 

Section  1.  That  section  thirty-six  hundred  and  eighty-eight  (3,688)  of  the 
General  Statutes  of  eighteen  hundred  and  ninety-four  (1894),  be  and  the 
same  hereby  is  amended  so  as  to  read  as  follows : 

Section  3688.  The  trustees  or  board  of  education  of  any  school  district 
in  this  state,  whether  such  district  be  organized  by  or  under  any  special  law 
of  this  state,  or  otherwise,  are  hereby  authorized  and  fully  empowered  to 
issue  the  orders  or  bonds  of  "their  respective  districts,  with  coupons,  in  such 
amounts  and  at  such  periods  as  they  may  be  directed  by  a  vote  of  a  majority 
in  favor  thereof  of  the  legal  voters  present  and  voting  at  any  annual  meeting, 
or  at  any  special  meeting,  called  for  the  purpose,  of  the  district ;  said  orders  or 
bonds  to  be  payable  in  such  amounts  and  at  such  times,  not  exceeding  fifteen 
years,  as  the  legal  voters  thereof  at  such  meeting  shall  determine,  with 
interest  not  to  exceed  seven  per  cent  per  annum ;  which  orders  or  bonds 
and  coupons  shall  be  signed  by  the  directors  and  countersigned  by  the  clerk 
of  said  district,  or  by  the  president  of  (the)  board  of  education  and  the 
clerk  of  the  board  of  education. 

CHAPTER  278 

University  of  Minnesota  Depository  of  State  Publications 

Section  1.  The  general  library  of  the  University  of  Minnesota  is  hereby 
made  a  depository  of  all  books,  pamphlets,  documents,  maps  and  other  w;orks 
published  by  or  under  the  authority  of  the  State  of  Minnesota. 

Sec.  2.  It  shall  be  the  duty  of  the  secretary  of  state,  and  of  all  other 
officials  and  boards  having  the  custody  or  distribution  of  such  publications, 
to  deliver  to  the  said  library  one  copy  of  each  so  soon  as  ready  for  distribu- 
tion ;  and  thereafter  whenever  different  works  are  bound  up  together,  one 
copy  of  each  bound  volume;  provided,  that  the  said  library  shall  be  entitled 
to  receive  5  copies  of  the  Legislative  Manual.  The  said  officers  may  in  their 
discretion  issue  to  the  said  library  additional  copies  as  requested  by  the 
librarian. 


EDUCATION  301 

CHAPTER  296 

This  is  an  act  which  amends  sections  1421,  1422,  and  1423  of  the  school 
law  as  found  in  the  preceding  code.  It  provides  for  special  state  aid  of  $50. 
to  a  common  (rural)  school,  which  employes  a  teacher  holding  a  second 
grade  state  certificate.  All  other  provisions  of  this  chapter  are  covered  by 
the  other  sections,  as  found  elsewhere,  relating  to  special  state  aid  to  different 
classes  of  public  schools. 

CHAPTER  314 

Provides  for  the  Establishment  and  Maintenance  of  County  Schools  of  Agri- 
culture and  Domestic  Economy 

Section  1.  The  board  of  county  commissioners  of  any  county  is  hereby 
authorized  to  appropriate  money  for  the  organization,  equipment  and  main- 
tenance of  a  county  school  of  agriculture  and  domestic  economy,  and  to  levy 
and  spread  on  the  tax  roll  a  sufficient  sum  to  carry  into  effect  the  several 
provisions  of  this  act,  but  not  exceeding  the  sum  of  twenty  thousand  dollars 
(20,000)  in  any  one  year.  The  county  commissioners  of  two  or  more  counties 
may  unite  in  establishing  such  a  school,  and  may  appropriate  money  for  its 
organization,  equipment  and  maintenance.  Provided,  that  this  act  shall 
not  apply  to  any  county  in  this  state  unless  the  authority  thereof  shall  be 
granted  to  such  board  of  county  commissioners  by  a  vote  of  the  electors 
of  such  county,  which  question  shall  be  submitted  to  such  electors  at  the 
general  or  special  election,  to  be  held  in  such  county.  When  submitted  at 
a  special  election,  such  special  election  shall  be  called  and  held  in  the  manner 
provided  by  law  for  calling  and  holding  special  county  elections.  The  board 
of  county  commissioners  may,  of  their  own  motion,  submit  such  question  to 
the  electors  of  their  county,  and  shall  so  submit  the  same  whenever  a  petition 
is  filed  with  such  board,  signed  by  legal  voters  of  such  county  equal  in  num- 
ber to  fifteen  per  cent  of  the  votes  cast  in  such  county  at  the  last  preceding 
general  election  held  in  such  county.  The  votes  cast  at  any  such  election 
shall  be  counted  and  canvassed  in  the  manner  provided  by  law  for  counting 
and  canvassing  votes  cast  at  general  elections  in  such  county. 

Sec.  2.  A  board  to  be  known  as  the  county  school  board  is  hereby  created, 
which  shall  have  charge  and  control  of  all  matters  pertaining  to  the  organi- 
zation, equipment  and  maintenance  of  such  school,  except  as  otherwise 
provided  by  law.  Said  board  shall  consist  of  three  (3)  members,  one  of 
whom  shall  be  the  county  superintendent  of  schools  of  the  county  or  district 
in  which  the  school  is  located.  The  other  members  of  the  board  shall  be 
elected  by  the  board  of  county  commissioners  for  the  term  of  three  (3) 
years  from  the  date  of  their  election,  but  no  member  of  the  board  of  county 
commissioners  shall  be  eligible.  Vacancies  existing  in  the  board  from  what- 
ever cause,  except  in  the  case  of  the  county  superintendent,  shall  be  filled  by 
appointment  made  by  the  board  of  county  commissioners  at  their  next  regular 
or  special  meeting.  Each  person  appointed  or  created  a  member  of  the  county 
school  board  shall  within  ten  (10)  days  after  the  notice  of  such  appointment, 
take  and  subscribe  an  oath,  to  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  Minnesota,  and  honestly,  faithfully  and  impartially 
to  discharge  his  duties  as  a  member  of  said  board,  to  the  best  of  his  ability, 
which  oath  shall  be  filed  in  the  office  of  the  county  auditor.  He  shall  also, 
within  the  same  time,  file  a  bond  in  such  sum  as  may  be  fixed  by  the  board 
of  county  commissioners,  which  bond  shall  be  filed  in  the  office  of  the  county 
auditor.  Within  fifteen  (15)  days  after  the  appointment  of  said  school  board, 
the  members  thereof  shall  meet  and  organize  by  electing  one  of  their  number 
as  president.  The  county  superintendent  of  schools  shall  be  ex-offico  sec- 
retary of  said  board.  The  said  school  board  shall  prescribe  the  duties  of  the 
several  officers,  except  as  fixed  by  law.  The  members  of  such  school  board 
shall  receive  no  compensation  except  their  actual  expense  while  going  to  and 
from  and  while  attending  the  meetings  of  the  county  school  board. 

Sec.  3.  Whenever  two  or  more  counties  unite  in  establishing  such  a 
school,   the   provisions  of   section   two    (2)    of  this   act  shall   apply   to   the 


302  EDUCATION 

organization  of  the  county  school  board,,  and  to  filling  vacancies  therein, 
provided  that  the  county  superintendent  of  the  county  in  which  the  school 
is  located  shall  be  a  member  of  the  board  and  ex-officio  its  secretary,  and  two 
members  shall  also  be  elected  from  each  county  by  the  board  of  county 
commissioners  thereof.  But  no  member  of  the  board  of  county  commis- 
sioners shall  be  eligible. 

Sec.  4.  Whenever  two  or  more  counties  unite  in  establishing  and  main- 
taining such  a  school,  the  county  school  board  provided  for  in  such  cases 
shall  determine  the  amount  of  money  necessary  for  the  equipment  and  main- 
tenance of  the  school  for  the  second  year,  and  annually  each  year  there- 
after ;  they  shall  apportion  the  amount  to  be  raised  by  taxation  among  the 
counties  in  proportion  to  the  assessed  valuation  of  each  county  as  last  fixed 
by  the  state  board  of  assessment  and  shall  report  to  the  county  auditor  of 
each  county  the  apportionment  so  made  on  or  before  the  regular  July  meeting 
in  each  year.  The  amount  so  apportioned  to  each  county  shall  be  levied  in 
the  county  tax  for  the  ensuing  year  for  the  support  of  the  school. 

Sec.  5.  The  county  treasurer  shall  be  ex-officio  treasurer  of  said  board ; 
and  all  moneys  appropriated  and  expended  under  the  provisions  of  this  act 
shall  be  expended  by  the  county  school  board,  and  shall  be  paid  by  the  county 
treasurer  or  treasurers  on  orders  issued  by  said  school  board  and  all  moneys 
received  as  gifts  or  otherwise  by  said  school  board  shall  be  paid  to  the 
county  treasurer  for  the  fund  of  the  county  school  board. 

Sec.  6.  In  all  county  schools  of  agriculture  and  domestic  economy  organ- 
ized under  the  provisions  of  this  act,  instruction  shall  be  given  in  the  ele- 
ments of  agriculture,  including  instruction  concerning  the  soil,  the  plant  life, 
and  the  animal  life  of  the  farm ;  a  system  of  farm  accounts  shall  also  be 
taught ;  instruction  shall  also  be  given  in  manual  training  and  domestic 
economy,  and  such  other  subjects  as  may  be  prescribed. 

Sec.  7.  Each  of  such  schools  shall  have  connected  with  it  a  tract  of  land 
suitable  for  purposes  of  experiment  and  demonstration,  and  not  less  than 
ten  (10)  acres  in  area;  but  any  donation  of  land  or  equipment  shall  be  turned 
over  to  said  school  board  for  the  benefit  of  such  school,  and  shall  thereafter 
be  the  property  of  the  county  in  which  such  school  is  located  or  in  case  two 
or  more  counties  having  contributed  in  establishing  such  schools  and  main- 
taining the  same  then  in  that  case  it  shall  belong  to  such  counties  jointly. 

Sec.  8.  The  schools  organized  under  the  provisions  of  this  act  shall  be 
free  to  inhabitants  of  the  county  or  counties  contributing  to  their  support, 
who  shall  be  qualified  to  pursue  the  course  of  study  prescribed,  provided 
they  shall  have  at  least  the  qualifications  required  for  completion  of  the 
course  of  study  for  common  schools.  Whenever  students  of  advanced  age 
desire  admission  to  the  school  during  the  winter  months  in  sufficient  num- 
ber to  warrant  the  organization  of  special  classes  for  their  instruction, 
such  classes  shall  be  organized  and  continued  for  such  time  as  their  attend- 
ance may  make  necessary. 

Sec.  9.  The  state  superintendent  shall  give  such  information  and  assist- 
ance and  establish  such  requirements  as  may  seem  necessary  for  the  proper 
organization  and  maintenance  of  such  schools.  With  the  advice  of  the  dean 
of  the  college  of  agriculture  of  the  state  university,  he  shall  prescribe  the 
courses  of  study  to  be  pursued,  and  determine  the  qualifications  required  of 
teachers  employed  in  such  schools.  He  shall  have  the  general  supervision 
of  all  schools  established  under  this  act ;  shall  from  time  to  time  inspect  the 
same,  make  such  recommendations  relating  to  their  management  as  he  may 
deem  necessary,  and  make  such  report  thereon  as  shall  give  full  information 
concerning  their  number,  character  and  efficiency. 

Sec.  10.  Whenever  any  county  or  counties  have  either  severally  or  jointly 
decided  to  establish,  equip  and  maintain  a  school  as  prescribed  by  this  act, 
and  have  levied  money  for  that  purpose  and  have  appointed  a  county  school 
board,  such  school  board  or  boards  shall  give  notice  of  that  fact  to  the  state 
superintendent,  and  the  first  two  schools  boards  giving  such  notice  shall  have 
the  first  chance  of  obtaining  for  such  school  state  aid,  as  herein  provided,  but 
on  condition  that,  any  school  established  under  the  provisions  of  this  act 


EDUCATION  303 

whose  courses  of  study  and  qualifications  of  whose  teachers  have  been 
approved  by  the  state  superintendent  and  the  dean  of  the  college  of  agricul- 
ture may,  upon  application,  be  placed  upon  an  approved  list  of  county  schools 
of  agriculture  and  domestic  economy.  A  school  once  entered  upon  such  list 
may  remain  listed  and  be  entitled  to  state  aid  so  long  as  the  scope  and  char- 
acter of  its  work  are  maintained  in  such  manner  as  to  meet  the  approval  of 
the  state  superintendent;  provided  that  he  shall  not  place  upon  said  list 
more  than  two  (2)  schools.  On  the  first  day  of  July  in  each  year,  the  secre- 
tary of  each  county  school  board  maintaining  a  school  on  the  approved  list, 
shall  report  to  the  state  superintendent,  setting  forth  the  facts  relating  to 
the  cost  of  maintaining  the  school,  the  character  of  the  work  done,  the  num- 
ber and  names  of  teachers  employed  and  such  other  matters  as  may  be  re- 
quired by  the  county  school  board  or  the  state  superintendent.  Upon  receipt 
of  such  report,  if  it  shall  appear  that  the  school  has  been  maintained  in  -a 
satisfactory  manner  for  a  period  of  not  less  than  eight  (8)  months,  during 
the  year  closing  on  or  before  the  thirtieth  (30th)  day  of  the  preceding  June, 
the  state  superintendent  shall  make  a  certificate  to  that  effect  and  file  it  with 
the  state  auditor,  and  such  county  shall  thereupon  be  entitled  to  such  an 
amount  of  state  aid  as  may  be  prescribed  by  law  or  which  may  be  hereafter 
appropriated. 

Sec.  11.  All  acts  or  parts  of  acts  conflicting  with  any  of  the  provisions  of 
this  act  are  hereby  repealed. 

CHAPTER  320 

State  Aid  to  High  and  Graded  Schools 

Section  1.  That  section  ten  (10)  of  chapter  three  hundred  fifty-two  (352) 
of  the  General  Laws  of  Minnesota  for  the  year  1899,  as  amended  by  chapter 
nineteen  (19)  of  the  General  Laws  of  Minnesota  for  1901,  being  an  act  to 
encourage  better  condition  of  the  public  schools  and  to  appropriate  money 
therefor  and  to  repeal  certain  former  acts  relating  thereto,  be  and  the  same 
hereby  is  amended  so  as  to  read  as  follows : 

"Section  10.  The  high  school  board  shall  have  full  discretionary  power 
to  consider  and  act  upon  applications  of  high  schools  for  state  aid,  and,  sub- 
ject to  the  provisions  of  this  act,  may  prescribe  the  conditions  upon  which 
such  aid  will  be  granted ;  and  it  shall  be  its  duty  to  accept  and  aid  such  high 
schools  only  as  will,  in  its  opinion,  if  aided,  efficiently  perform  the  services  con- 
templated by  law ;  but  not  more  than  nine  (9)  schools  shall  be  aided  in  each 
county  in  any  one  year. 

"Any  school  accepted  and  conti(n)uing  to  comply  with  the  law  and  regu- 
lations of  the  board  made  in  pursuance  thereof  shall  be  aided  not  less  than 
two  (2)  years. 

"In  case  any  state  graded  school,  as  hereinafter  provided,  shall  have  attained 
such  a  degree  of  proficiency  as  to  entitle  it  to  promotion  to  a  high  school, 
and  the  state  high  schools  in  the  county  shall  have  already  reached  the  num- 
ber of  nine  (9),  such  graded  school,  ill  the  discretion  of  the  board,  may  be 
so  promoted,  and  take  the  place  of  the  high  school  in  the  county  first  receiv- 
ing state  aid  for  the  period  of  at  least  two  (2)  years;  that  any  state  high 
school  so  deprived  of  state  aid  shall  continue  under  the  supervision  of  the 
board,  with  all  the  privileges,  except  state  aid,  of  a  preparatory  school  for 
the  University  of  Minnesota." 

CHAPTER  326 

Rural  Schools — Consolidation 

Section  1.  The  board  of  county  commissioners  of  any  county  in  the  state 
may,  and  upon  petition  of  25  per  cent  of  the  resident  freeholders  living  on 
farms  thereof  shall  organize  a  commission  consisting  of  seven  members  as 
follows:  Four  members  of  the  board  of  county  commissioners  chosen  by 
said  board,  the  county  superintendent  of  schools,  one  member  to  be  appointed 
by  the  county  auditor  and  one  member  to  be  appointed  by  the  state  superin- 
tendent of  public  instruction,  said  commission  to  be  known  as  the  


304  EDUCATION 

county  rural  school  consolidation  commission.  The  board  of  county  com- 
missioners shall  provide  for  the  reasonable  expenses  of  said  consolidation 
commission. 

Sec.  2.  Said  consolidation  commission  shall  organize  by  selecting  a  chair- 
man and  a  secretary  from  their  number  and  shall  proceed  to  formulate  a  plan 
for  redisricting  the  school  districts  of  the  county  so  as  to  provide  for  the 
consolidation  of  rural  schools  into  larger  districts,  approximating  areas  four 
to  six  miles  square,  and  shall  provide  for  publishing  a  map  and  statement 
showing  the  proposed  plan  to  the  people  of  the  county ;  provided,  that  the 
said  districts  shall  be  formed  in  such  a  manner  and  the  proposed  consoli- 
dated school  shall  be  located  at  such  places  as  shall  make  it  most  convenient 
for  the  transportation  of  pupils  to  and  from  their  homes. 

Sec.  3.  Said  consolidation'  commission  may  recognize,  or  it  may  assist  in 
making  an  agreement  between,  for  the  first  part,  any  district  under  its  juris- 
diction, the  boundaries  of  which  it  shall  define ;  and  for  the  second  part,  any 
adjacent  county  or  any  school  district  in  an  adjacent  county,  to  the  effect 
that  the  school  district  of  the  first  part  shall  transport  its  pupils  to  the  school 
supported  by  the  farm  school  district  of  the  second  part,  and  shall  pay  said 
district  of  the  second  part  for  the  actual  cost  of  the  instruction  of  the  pupils 
from  the  district  of  the  first  part,  and  the  district  of  the  second  part  shall 
furnish  instruction  to  pupils  of  the  district  of  the  first  part,  for  an  equi- 
table and  just  consideration. 

Sec.  4.  Said  consolidation  commission  shall  call  an  election  of  all  the 
electors  in  each  and  every  township  in  the  county  for  the  purpose  of  decid- 
ing whether  the  county  redistricting  plan  as  presented  shall  be  adopted ; 
the  date  for  said  election  shall  be  the  same  for  all  townships  and  shall  not  be 
earlier  than  thirty  (30)  days  after  the  call  is  issued  and  the  plans  are  pub- 
lished in  the  leading  papers  of  said  county ;  said  consolidation  commission 
shall  provide  for  the  election  to  be  held  at  the  usual  places  for  holding  town- 
ship elections  in  the  respective  townships ;  said  consolidation  commission 
shall  cause  notice  of  said  election  to  be  posted  in  ten  of  the  most  public 
places  in  each  township  at  least  ten  days  before  said  election;  said  election 
shall  be  by  ballot  marked,  "For  the  consolidation  of  rural  schools,"  or 
"Against  the  consolidation  of  rural  schools,"  the  voter  to  place  a  cross  after 
the  line  which  he  chooses  and  said  commission  shall  provide  printed  ballots 
and  shall  immediately  makeup  the  vote,  for  and  against  the  proposed  plan, 
and  send  the  same  sealed,  to  the  county  superintendent,  who,  upon  receiv- 
ing the  vote  from  each  and  all  townships  of  said  county  shall  call  the  con- 
solidation commission  together  to  count  the  votes  and  announce  the  decision 
of  the  respective  boards  of  rural  schools. 

Sec.  5.  If  it  shall  appear  from  these  several  reports  that  of  the  electors 
present  and  voting  a  majority  voted  in  favor  of  the  proposed  redistricting 
plan,  the  said  consolidation  commission  shall  give  to  each  consolidated  dis- 
trict in  the  county  a  number  and  name,  which,  together  with  the  name  of 
the  nearest  postoffice,  shall  serve  as  a.  postal  address,  and  shall  certify  to  the 
county  auditor  that  such  plan  has  been  adopted,  with  descriptions  of  the 
outlines  of  the  new  districts  organized,  and  the  numbers  and  names  which 
have  been  given  to  the  respective  districts.  These  facts  shall  be  made  a  part 
of  the  records  of  said  auditor's  office. 

Sec.  6.  In  case  the  vote  for  consolidation  carries,  the  county  superintend- 
ent of  schools  shall,  within  thirty  (30)  days  after  the  commission  announces 
the  decision,  cause  notices  to  be  posted  in  ten  (10)  of  the  most  public  places 
in  each  newly  organized  district,  and  shall  cause  to  be  published  at  county 
expense  in  one  or  more  newspapers  in  the  county,  notices  requesting  the 
electors  thereof  to  assemble  at  some  specified  time  and  place  for  the  purpose 
of  electing  a  board  of  school  trustees  and  transacting  such  other  business 
as  may  properly  come  before  the  meeting.  These  notices  shall  be  posted 
at  least  ten  (10)  days  prior  to  the  date  of  such  meeting.  The  officers  of  the 
several  original  districts  shall  continue  to  exercise  their  respective  rights 
and  duties  until  the  organization  of  the  new  boards  of  school  trustees,  as 
provided  by  law. 


EDUCATION  305 

Sec.  7.  Sections  six  (6)  and  seven  (7)  of  chapter  two  hundred  sixty-two 
(262)  of  the  Laws  of  1901,  relating  to  the  consolidation  of  districts  and  trans- 
portation of  pupils,  not  inconsistent  with  this  act,  shall  apply  to  all  consoli- 
dated rural  schools. 

Sec.  8.  Where  old  districts  owning  school  property  are  so  divided  that 
the  school  property  owned  by  said  districts  belongs  in  part  to  more  than  one 
new  district,  the  chairman  of  said  boards  of  directors  of  consolidated  rural 
school  districts  shall  constitute  a  board  of  appraisement  to  award  the  pro- 
portion of  such  value  to  each  district  and  to  provide  for  the  sale  or  disposal 
of  the  same  and  to  give  to  each  district  its  just  share,  and  where  such  old 
district  has  an  indebtedness  the  board  of  appraisement  shall  be  constituted 
in  the  same  manner  to  determine  the  proportions  of  said  debt  which  shall  be 
assumed  by  each  consolidated  district.  In  case  such  board  of  appraisement 
cannot  agree,  it  shall  place  the  decision  in  the  hands  of  the  board  of  count} 
commissioners,  and  the  decision  of  said  board  shall  be  final. 

Sec.  9.  The  board  of  directors  of  consolidated  rural  school  districts  shall 
have  the  power  to  sell  or  move  any  school  building  owned  by  the  district, 
to  sell  any  land  or  apparatus  not  needed,  and  to  purchase  not  more  than  ten 
acres  of  land  for  said  school  site.  The  said  board  of  directors  of  consoli- 
dated rural  schools  shall  be  empowered  to  erect  such  buildings  and  to 
furnish  such  equipments  as  are  necessary  for  the  proper  operation  of  said 
school,  and  for  purchases  and  other  expenditures  as  provision  may  be  made 
by  them  according  to  law. 

Sec.  10.  For  the  purpose  of  determining  the  salary  of  the  county  super- 
intendent in  any  county,  each  district  or  part  of  a  district  united  in  forming 
the  consolidated  rural  school  shall  be  counted  the  same  as  before  the  con- 
solidation was  made. 

Sec.  11.  For  the  purpose  of  maintenance  and  support,  the  consolidated 
rural  school  shall  be  in  the  same  class,  governed  by  the  same  laws,  not 
inconsistent  with  this  act,  and  administered  in  the  same  way,  as  the  state 
graded  schools.  # 

DICTIONARY  LAW 

§  293  (1894,  §  3736).  Webster's  Dictionaries. — The  superintendent  of  public 
instruction  is  hereby  authorized  to  furnish  to  any  school  district,  or  any 
school  or  district  department  thereof,  in  any  city,  village,  or  town,  one  copy 
of  Webster's  Unabridged  Dictionary,  on  receipt  of  an  affidavit  of  the  district 
clerk,  the  school  superintendent,  or  secretary  of  the  board  of  education  of 
such  village,  city  or  town,  that  such  school  or  department  has  not  yet  been 
supplied  under  the  provisions  of  this  act,  or  that  the  dictionary  heretofore 
furnished  to  said  school  or  department  has  been  lost  or  is  unfit  for  use,  and 
on  payment  in  advance  of  the  cost  price  to  the  said  superintendent  of  public 
instruction,  and  the  superintendent  of  public  instruction  is  further  authorized 
to  sell  at  cost  price  to  the  state  educational  institutions  on  a  written  requi- 
sition being  made  by  the  officer  in  charge  of  such  institution,  as  many  copies 
of  Webster's  Unabridged  Dictionaries,  not  exceeding  the  number  of  school 
departments  in  the  institution  under  his  charge,  as  may  be  necessary  for 
the  educational  purposes  of  the  same ;  and  the  superintendent  of  public  in- 
struction is  further  authorized  to  furnish  said  Webster's  Unabridged  Dic- 
tionaries at  cost  price  to  members  of  the  legislature  and  state  officers,  not 
exceeding  one  copy  to  each  such  person. 

§  294  (1894,  §  3737).  Dictionary  Fund.— The  superintendent  of  public 
instruction  is  hereby  authorized  to  purchase,  from  time  to  time  each  year, 
at  a  cost  not  exceeding  seven  dollars  per  copy,  delivered  at  hisj  office  in  St. 
Paul,  a  sufficient  number  of  copies  of  Webster's  Unabridged  Dictionary 
to  carry  out  the  provisions  of  this  act ;  and  there  is  hereby  appropriated  from 
the  state  treasury,  out  of  funds  not  otherwise  appropriated,  the  sum  of  two 
thousand  four  hundred  dollars  ($2,400),  or  so  much  thereof  as  may  be  nec- 
essary to  carry  into  effect  the  provisions  of  this  act. 


306  EDUCATION 

§  295  (1894,  §  3738).  State  Superintendent  has  charge  of.— The  superin- 
tendent of  public  instruction  shall  pay  over  to  the  state  treasurer  all  money 
received  on  account  of  dictionaries  sold  as  aforesaid,  and  render  an  account 
of  all  dictionaries  sold  in  his  report  to  the  legislature.  Provided,  that  all 
sums  so  turned  into  the  state  treasury  by  said  superintendent  of  public 
instruction,  shall  be  and  remain  a  fund  from  which  said  superintendent  of 
public  instruction  is  hereby  authorized  to  draw  such  sums  as  may  be  nec- 
essary for  future  purchases  under  the  provisions  of  this  act. 

The  International  Dictionary  is  now  furnished  instead  of  the  old  Una- 
bridged. 

The  statute  does  not  contemplate  a  sale  thereof  to  countv  officers. — Childs, 
March  26,  1896. 


INDEX 


[References  are  to  Sections  of  Revised  Laws  1905] 


COMPULSORY  EDUCATION 

children  to  be  sent  to  school,  age,  1445 

excusing  attendance,   1446 

duties  of  chairman  of  school  board, 
1447 

truant  officers,  1448 

application  for  commitment  of  chil- 
dren to  state  training  school,  1450 

truant  schools,  1449 

state  training  schools,  1450 

penalties,  1451 

COUNTY  SUPERINTENDENT  OF 
SCHOOLS 

general  provisions,  1379-1387 

general  duties,  reports  to  state  super- 
intendent, 1379,  1383 

to  call  meeting  of  district  officers,  1380 
records,   1381 

to  furnish  blanks  for  school  teachers, 
1382 

reports  to  county  auditors,  1384 

failure  to  report,  1385 

deputy,  1386 

assistant   superintendent,   1387 

inspection  of  schools.  1395 

assistants,  for  examination  of  schools, 
1396 

reports,  penalty  for  failure,  1409 

petition  for  formation  of  school  dis- 
trict presented  to,  1282 

notice  of  election  for  consolidation  of 
districts,  1290 

vote  on  petition  for  consolidation  of 
districts  certified  to,  1291 

duties  on  consolidation  of  school  dis- 
tricts, 1292 

reports  to.  by  clerks,  1326 
by  school   teachers,   1346 

to  furnish  blanks  for  reports  by  teach- 
ers, 1346 

to  hold  teachers'  examinations,  1348 

to  conduct  teachers'  examinations,  1349 

markings  on  teachers'  examinations, 
1351 

issuance  of  third  grade  certificates, 
1358 

to  sign  second  grade  teachers'  certifi- 
cates, 1359 

to  sign  first  grade  teachers'  certifi- 
cates. 1360 

revocation  of  teachers'  certificates,  1365 

suspension  of  professional  certificates, 
etc.,  1371 

supervisions    over    schools,   1373 

state  superintendent  to  meet.  1376 

request  of  county  attorney  to  prose- 
cute violations  of  school  laws,  1411 

application  to,  for  state  aid  to  common 
schools,  1422 


duties  as  to  teachers'  institutes,  1431- 
1433 

INDEBTEDNESS  AND  SECURITIES 

effect  of  change  of  boundaries,  1286 
general  provisions,  1326,   1327 

LIBRARIES 

general  provisions,  1424,  1425 
librarian,  election,  1309 

PENALTIES 

for  excluding  or  expelling  pupils,  1402 
for  classifying  pupils  with  reference  to 
raco*  color,  social  position  etc.,  1403 
for  refusal  of  officer  to  serve,  1404 
for  failure  of  clerk  to  report,  1405 
for  drawing  illegal  orders,  1406 
for  neglecting  to  keep  or  deliver  rec- 
ords, 1407 
for  failure  of  county  auditor  to  report, 

1408 
for  failure  of  county  superintendent  to 

report,  1409 
for  dealing  in  school  supplies,  1410 
duties  of  officers  to  report  violation  of 

law,  1411 
for  failure  to  send  children  to  school, 
1451 

SCHOOLS 

public   schools,  what  are,  tuition  free, 

1279 
terms,   reports  by  clerk,   1326 
general  control  of,  1336 
school  month,  length  of  term,  1337 
classification,   1339-1342 
common  schools,  1342 

High  Schools 

what  are,  1340 
instruction,  1340 
languages,  1338 
supervision  over,  1390-1394 
state  aid,  1416-1420 

Graded  Schools 
establishment,      discontinuance,      etc, 

1321  (2) 
reports  by  clerks,  1326  (3) 
what  are,  1341 
instruction,  1341 
languages,  1338 
inspection,  1394 
semigraded  schools,  what  are,  1342 

Instruction 

to  be  in  English  language,  other  lan- 
guages, 1338 

in  high  schools,  1340 

in  morals,  physiology,  hygiene,  etc, 
1347 


307 


308 


INDEX 


Pupils 

permissible  age,  1279 

non-resident  pupils,    rates    of    tuition, 

1321 
provisions      for     free      transportation, 

1321  (4),  1322 
instruction    of,    in    adjoining    districts, 

1322 
register  of  attendance  and  deportment, 

1345 
reports    as    to     enrolment,    1346,   1383, 

1384 
exclusion  or  expulsion,  penalty,  1402 
classification    with    reference    to  race, 

color,    social    position,    etc.,    penalty, 

1403 

Registers 

school  board  to  provide  for,  1320  (10) 

for  pupils  instructed  in  adjoining  dis- 
tricts, 1322 

teachers  to  keep,  1345' 

state  superintendent  to  prepare  and 
distribute,  1378 

Text-Books  m 

free,  in  common  districts,  1309 

in   independent   districts,    1320    (8) 
submission  of  question  to  voters,  1428 
contracts   for,  by   school   boards,  1320 

(8) 
school  board  to  prescribe,  1320  (10) 
lists  and  samples,  1427 

Visitation  and  Inspection 

school  board  to  visit,  1320  (10) 
county  superintendents  to  visit,  1379 
town  superintendents  to  visit,  1389 
inspection    by    county    superintendent, 
1395 

SCHOOL    BOARDS 

.    records   of,   as   evidence,  1307 

members,  term  of  office,  1312 

compensation  other  than  as  provided 
in  chapter  prohibited,  1334 

of  common  school  districts,  compo- 
sition, 1313 

of  independent  district,  composition, 
term  of  office,  1314 

organization,  election  of  superintend- 
ent, 1315 

additional  powers,  1323 

special  duties,  1325 

vacancies,  1316 

special  election  to  fill  vacancy,  1317 

acceptance   of  office,  1318 

quorum,    1319 

expenses,  1320  (9) 

reports  to,  by  superintendent  in  inde- 
pendent or  special  districts,  1331 

by  town  superintendent,  1389 

Chairman 

of   common    school    districts,    term    of 

office,  1313 
of  independent  districts,  term  of  office, 

1315 
to  countersign  orders,  1326,  1330 
to  represent  district  in  actions,  1330 
duties   as  to  compulsory  education  of 

children,  1447 
to  preside  at  meetings  of  board,  1330 


Powers,  Duties  and  Liabilities 

general  powers  and  duties,  1320,  1321 

district  board,  appointment  of  truant 
officers,  1448 

management  of  school  districts  vested 
in,  1312 

may  provide  for  instruction  of  pupils 
in  adjoining  districts,  1322 

additional  powers  of  boards  in  inde- 
pendent districts,  1323 

special  duties  in  common  school  dis- 
tricts, 1324 

special  duties  in  independent  districts, 
1325 

examination  and  approval  of  reports 
of  treasurer,  1327 

approval  of  treasurer's  bond,  1328 

supervisory  control  over  schools,  1336 

employment    of    teachers,    1344 

to  allow  use  of  schoolhouses  for  teach- 
ers'   examinations,    1348 

substituting  studies  embraced  in  high 
school  course,  1391 

excluding  or  expelling  pupils,  penalty, 
1402 

to  allow  free  use  of  schoolhouses  for 
training  schools  or  teachers'  insti- 
tutes, 1432 

maintenance  of  truant  schools,  1449 

SCHOOL  DISTRICTS 

situated  in  two  or  more  counties,  how 
styled,   numbering,   1280 

formation,    1281-1285 

annual  meetings,  1305 

powers    of   annual   meeting,   1308 

in  common  school  districts,  1309 

special  meetings,  1306 

records  of  as  evidence,  1307 

to  be  composed  of  adjoining  territory, 
1302 

annexation  of  territory,  1286-1294 

change  of  boundaries,  proceedings, 
1286-1294 

rehearing,  1300 

organization  in  two  or  more  counties, 
proceedings  in  each  county,  1287 

nominal  district,  dissolution,  1288 

annexation,  transfer  of  records  on  for- 
mation of  new  district,  1293 

change  of  common  or  special  to  inde- 
pendent  district,    1295 

notice  of  meeting,  1296 

election,   1297 

setting  off  land  to  adjoining  district, 
1301 

districts  to  be  composed  of  adjoining 
territory.  1302 

plats  and  description  of,  1303 

deemed   to  be   legally  organized,   1304 

Consolidation 

effect,   1286 

petition,   1286 

proceedings,  1290 

by    annexation    or    formation    of    new 

district.    1289 
election  for,   1290,  1291 
order  of,  1292 
transfer  of  records,  1293 
title  to  property,  officers,  1294 


INDEX 


309 


Independent    Districts 

names  and  number  1280 

petition  for  formation,  1281 

schools,  1323 

change  of  common  or  special  districts 

to,  1295-1298 
dissolution,   change   from   independent 

to  common  district.  1299 
annual  meetings,  1305 
powers  of,  1308 

management     and    control    vested    in 
school  board,  1312 
school  board,  general  provisions,  1314- 

1325 
officers,   election,  1298,   1315 
acceptance  of  office,  1318 
removal,  1323 
compensation,  1334 
duties  of  superintendent,  1331 
donations  or  bequests  for,  1323  (3) 

Officers,    General   Provisions 

liability  on  contracts  in  excess  of  tax 

levy,  874 
election  at  annual  meetings,  1308 
election  in  certain  districts,  1310 
special  election  to  fill  vacancy,  1"317 
acceptance   of  office,   1318 
oath,   filing.    1318 
compensation   other  than   as   provided 

in  chapter  prohibited,  1334 
opinion  of  attorney  general,  1335 
duties   of   county   superintendent,   1379 
meetings   with   county   superintendent, 

1380 
to  report  violations   of  law    1411 

Clerk 

notice  of  petition  for  new  district 
served  on,  1283 

notice  to,  of  formation  of  new  district, 
1284 

of  consolidation  of  districts,  1292 

notice  of  meetings,  1305,   1306 

of  common  school  districts,  term  of 
office,  1313  # 

of   independent   districts,   1315 

acceptance  of  office  filed  with,  1318 

reports  as  to  pupils  from  adjoining  dis- 
tricts, 1322 

duties,  1326 

orders,  signed  by,  1326,  1327 

account  of  treasurer  filed  with,  1327 

compensation,  1332 

to  furnish  registers  for  teachers,  1345 

registers,  returned  to,  1345 

record  books  for,  state  superintendent 
to  prepare  and  distribute,  1378 

oaths  of  office  filed  with.  1318 

bond  of  treasurer,  1328 

Treasurer 

of   common    school   districts,   term   of 

office,  1313 
duties,  1327 
bonds,  1328 
liability  on,  for  failure  to  pay  teachers' 

wages,    1329 
compensation,   1333 
penalty    for    failure    to    pay  teachers' 

wages,  1329 
payment    of    compensation    of    clerks, 

1332 


record  books,   state  superintendent  to 

prepare  and  distribute.  1378 
penalties  for  paying  illegal  order,  1406 
personal    liability    for    failure    to    pay 
judgment,   1459 

Trustees 

term  of  office,  1311 

resignation,     action     against     district, 
1462 

Contracts 
meetings  at  which  may  be  made,  1319 
for  text  books,  1320  (8) 

Claims 
provisions  for  payment,  1320  (7) 

Actions  by 
prosecuted  by  school  board,  1320  (11), 
1457 

Actions  Against 
defended  by  school  board,  1320  (11) 
grounds  for,  1458 
effect  of  consolidation,  1286 
chairman  of  school  board  to  represent 

district,  1330 
judgment    payment,   1459-1463 
when  trustees  resign,  1462 

SCHOOL  FUNDS  AND  REVENUES 

of  dissolved  school  districts,  distribu- 
tion, 1288 
transfer   on   annexation   to   other   dis- 
tricts, 1293 
provisions  for,  at  school  meetings,  1309 
for   payment    of   teachers'    wages,    re- 
ports by  clerks,  1326 
disbursement  by  treasurer,  1327 
apportionment,  among  districts.  1399 
to  schools  in  new  districts,  1400 
in  municipal  bonds,  788,  789 

State  Aid 

for  evening  schools.  1323  (l) 

apportionment,   1397 

high  and  graded  schools,  1417 

appropriation,  warrant  for,  1398 

annual  appropriation,  1416 

limit  of  number  of  high  schools  aided, 

1418 
payment  of  apportioned  fund,  1419 
additional  to  certain  high  schools,  1420 
to  common  schools,   1421-1423 

Taxes 

duty  of  school  board  to  levy,  1324,  1325 
state   school   tax,   1412 
district  taxes,  1413-1415 
county  school  tax,  1413 
in  common  districts,  1414 
in  districts  having  population  of  50,000, 
1415 

Proceeds  of  Fines,  Penalties,  Etc. 

for  violations  of  school  laws,  1451 
SCHOOL  PROPERTY 

transfer    on    annexation    or    consolida- 
tion of  district,  1293,  1294 

powers    and    duties    of    school   boards, 
1320 

furniture  for  schools,  1320    (2) 

repairs,  insurance,   1320    (3) 

rules  for  protection  of,  1321  (5) 

reports  by  clerk,  1326   (l) 


310 


INDEX 


property   or   money   in   trust   for,   3249 

W. 
malicious   injury,  5139 

Buildings    and    Sites 
designation  at  annual  meeting,  1308 
powers   and   duties    of    school    board. 

1320,  1321 
use  of,  for  teachers'  examinations,  1348 
for  teachers'   institutes,   1432 
duties  of  town  superintendent.  1389 
duties  of  town   superintendent,   139 

STATE       SUPERINTENDENT       OF 
PUBLIC    INSTRUCTION 

general   provisions,   1373-1378 
biennial  reports  to  legislature,  1377 
opinions,  as  to  question  submitted  by 

school  officers,  1335 
secretary  of  normal  school  board,  1440 
member  of  board  of  regents  of  univer- 
sity, 1470 
state   library    board.   1424 

high  school  board,  13.90 

apportionment  of  school  funds,  1397 
to  certify  to  state  auditor  state  aid  to 
common  schools,  1423 

school  text-books,  lists  and  samples 
deposited   with,   by    contractor,   1427 

to  furnish  copy  of  lists  of  text-books 
to  clerks  of  districts,  1427 

to  provide  for  teachers'  institutes  and 
training  schools,  1430 

to  fix  time  of  teachers'  examinations, 
1348 

to  determine  educational  qualification 
of  applicants  for  teachers'  certifi- 
cates, 1348 

to  designate  branches  in  which  teach- 
ers are  to  be   examined,   1350 

to  direct  marking  on  teachers'  exam- 
inations.  1351 

may  provide  for  acceptance  of  certi- 
ficates from  high  or  normal  schools 
for  teachers,  1352 

to  hold  examinations  for  teachers  for 
professional    certificates,    1353 

to  sign  second  grade  teachers'  certifi- 
cates, 1359 

to  sign  first  grade  teachers'  certifi- 
cates, 1360 

appeals  to,  from  denial  of  teachers' 
certificates.   1364 

from  revocation  of  teachers'  certifi- 
cates, 1365 

notice  to,  of  suspension  or  revocation 
of  teachers'   certificates,  1371 

to  grant  special  certificates  to  teach- 
ers, 1372 

may  issue  certificates  of  qualification 
without    examination,    1357 

Reports  to 

by  school  clerk,  1326  (5) 

by  superintendents   in   independent   or 

special   districts,   1331 
by    county    superintendent,    1379,    1383 
penalty  for  failure,  1409 
by  high   school   board,  1392 
as  to  apportionment   of  school  funds, 

1401 
by  county  auditor,  penalty  for  failure, 

1408 


by  presidents  of  normal  schools,  1442 
by   president    of   university,    1482 

STATE    UNIVERSITY 

general   provisions,   1470-1484 
departments,    1479 

sectarian  instruction    prohibited,    1480 
certificates  and  diplomas  to  have  force 
of    teachers'    certificates,    136  L 

Board  of  Regents 

organization,  powers,  duties,  1470-1476 

members  of  board  of  administration  of 
farmers'   institutes;   1452 

president    of    university   to   be   corre- 
sponding secretary,  1481 
■   reports  to,  by  president  of  university, 
1482 

President 

member  of  high  school  board,  1390 

of  governing  board  of  state  art  so- 
ciety, 1465 

of  state  library  commission.  2250 

of  board  of  regents,  1470 

duties,   1481 

corresponding  secretary  of  board  of 
regents,    1481 

removal  of  employees  of  subordinate 
officers,    1481 

animal    reports,    1482 

Funds 

standing  appropriation,  1483 

school  of  mines,  1484 

deposit  in  state  treasury,   1478 

from   appropriations,   taxes,    etc.,    1483 

TEACHERS 

employment,  1320 

control    of   school,    1336 

contracts  with,  before  qualification, 
who  are  qualified  teachers,  1343 

eligibility,  hiring  of,   1344 

keeping  of  registers,  records  of  de- 
portment  and   scholarship,    1345 

reports    by,    1346 

Compensation 

fund  for  payment  of    preference  in  or- 
der in  which  they  become  due,  1326 
failure  to  pay,  penalty,   1329 
withholding  for  default  in  report,  1346 

Examinations  and  Certificates 

examinations,  general  provisions,  1348- 
1356 

expenses  of,  1356 

high  and  normal  school  certificates, 
when  accepted,  1352 

certificate  and  diploma,  from  colleges, 
etc.,  when  received  in  place  of  ex- 
amination,  1355 

when  to  have  force  of  certificates,  1361 

of  state  university  equivalent  to  first 
grade   professional    certificates,    1369 

certificates,  1357-1365 

records  of,  by  county  superintendent, 
1381 

re-examination,   1365 

professional  certificates,  1366-1371 

professional  permits,  1370 

suspension  and  revocation  of  certifi- 
cates and  permits,  1371 


INDEX 


311 


certification     of     qualification     without 

examination.   1357 
special  certificates,  1372 

Training 

instrumentalities  for,   1429 
teachers'      institutes,     county     superin- 
tendent to  conduct.  1379 
duty  of  state  superintendent.  1430 
duties  of  county  superintendents,  1431 


closing  schools  for  purpose  of  attend- 
ing,   1434 

permanent  appropriation  for,   1435 

use  of  schoolhouses  for  teachers'  in- 
stitutes or  training  schools    1432 

appropriation,  by  counties  for  insti- 
tutes  or   training   schools,   1433 

normal  schools,  1436-1444 

model  schools,  1437 

tuition,  143S 


INDEX  TO  SESSION  LAWS  1905 


Chapter 
'To   provide   for  loan  of  permanent 

school    fund 8 

To  provide  funds  in  districts  of  20- 

000  to   50,000 25 

Extension  of  district  boundaries...        46 
Educational      institutions     to     hold 

property    bequeathed 75 

To  legalize  school  bonds 76 

To    legalize     certain     high     school 

bonds    77 

Department    of    pedagogy  at  state 

university    120 

Crookston   school   agriculture 132 

Recording  teachers'  certificates....     137 
Payment  of  high  school  appropria- 
tion          142 


Chapter 
Traveling  expenses  of  superintend- 
ents     156,  183 

Change  of  district 183 

Gifts  and  bequests  to  university...  187 

Assistant  county  superintendent...  190 

Election    of    superintendents 251 

Providing  for  truant  officers 265 

Empowering      certain      boards      to 

make  rules  and  regulations 26S 

Amending   law   regulating   issuance 

of   bonds 272 

University    a    depository    of    state 

publication    278 

State  aid  for  rural  schools 296 

County  schools  of  agriculture 314 

High     schools 320 

Consolidated   rural    schools 326 


demand  m«v  h*  I  e  after  the  sixth  dJv      »'  ,ncreasing 


IP  /92c 


55m-7,'25 


380094 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


